K.Anand v. The Vice-Chairman And Managing Director

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON Nos.10820, 10823, 10887, 10889, 10906, 10935 and 10994 OF 2018 COMMON ORDER:

Since these writ petitions relate to implementation of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 ( for short 'the Act') they are being heard together and disposed of by way of this Common Order.

Heard Sri G.Rajesh, learned counsel for the petitioners in all the writ petitions, Sri N.Vasudeva Reddy and Sri B.Mayur Reddy, learned Standing Counsel appearing for the respondents Corporation.

It is the case of writ petitioners in these writ petitions that initially they have been appointed as drivers and subsequently, they have been declared medically unfit to continue as drivers by the competent authority and that they all provided with alternate employment such as Shramiks, Record Tracers etc. However, they have not given pay protection of their scales. Aggrieved by the action of the respondents in not protecting their pay scales, petitioners made representations individually to the respondent authorities for considering their case. As no action is being taken, present writ petitions are filed.

Learned counsel for the petitioners submits that in similar circumstances, Division Bench of this Court disposed of W.A.No.380 of 2017 & batch by its order dated 05.06.2017.

Both the learned Standing Counsel appearing on behalf of the respondent Corporation submits that no representations have been made by the petitioners giving specific details when they were declared as medically unfit to continue as Drivers and also that no proof is filed by them to show that they have filed representations before the respondents Corporation. A perusal of representations made by the petitioners goes to show that they have not given full particulars, as was pointed out by learned Standing Counsel appearing on behalf of the respondent Corporation.

In view of the same, without expressing any opinion on the merits of the case, it is for the petitioners to make fresh representations before the competent authority, giving all the particulars with regard to their appointment, date on which they were declared as medically unfit to work as drivers etc., On such representations, the respondent authorities are directed to consider the same in terms of the judgment of Hon'ble Division Bench in W.A.No.380 of 2017 & batch, dated 05.06.2017, within a period of three months from the date of receipt of a copy of this order.

With the above direction, these Writ Petitions are disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petitions shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 03-04-2018 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON Nos.10820, 10823, 10887, 10889, 10906, 10935 and 10994 OF 2018 Date: 03.04.2018 kvs