B.Shanker v. Andhra Pradesh State Road Transport Corporation

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.20598 of 2017 O R D E R:

Petitioner has filed this Writ Petition challenging the action of the 2nd respondent in not taking the petitioner into duties as Shramik under Alternative Employment Scheme. 2.

Petitioner was appointed as Driver in Prakasam Region of APSRTC in 2003 and he was later transferred to Nalgonda Region on deputation in 2007. Due to defective distant vision, he was declared medically unfit for the post of Driver and the Medical Board opined that he is unfit for the post of Driver in A1 category but he is fit for Alternative Employment as Shramik in X2 Category, through letter dt.22.06.2016 of the Chief Medical Officer-I, Tarnaka Hospital of the APSRTC. 3.

Petitioner was repatriated to the 2nd respondentOrganization on 25.07.2016 but he could not be provided alternative appointment as Shramik and therefore he approached this Court by way of this Writ Petition. 4.

In para 10 of the counter filed by the 2nd respondent it is stated as under:

"10.

It is submitted that in view of the facts and circumstances submitted supra, in spite of registration of the petitioner's representation the Office of respondent No.2 for alternative employment as Shramik pursuant to the fitness certificate issued by the TSRTC letter No.SP/19(M.B.)5/2016-TH dt.22.06.2016 but for want of vacancies his application cannot be considered at this

juncture and the petitioner has to wait for alternative appointment as Shramik till his turn comes since already three similar applications above him are pending in the office of respondents No.2 and the same will be considered after the above applications."

5.

Having regard to the said submissions, this Writ Petition is disposed of directing the respondents to consider petitioner's case for alternative employment as Shramik after three similar applications already filed before his application are considered and communicate their decision to the petitioner. There shall be no order as to costs. 6.

Consequently, miscellaneous petitions pending, if any, shall stand dismissed.

_____________________________ M.S.RAMACHANDRA RAO, J 05th July, 2017.

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