Y. Rama Rao E 625706, v. Andhra Pradesh State Road Transport Corporation,

HON'BLE SRI JUSTICE M.S. RAMACHANDRA RAO WRIT PETITION No.37400 of 2016 O R D E R :

Learned counsel for both the parties state that the issue raised in this writ petition is squarely covered by the common order dated 29.01.2016 in W.P.No.36337 of 2012 and batch. 2.

In view of the said representation, this writ petition is disposed of in terms of the directions issued in the said order, which are as under :

"(i) All the drivers who are not assigned work after they were declared as medically unfit are entitled to pay and allowances attached to the post of Driver till they were retired from service / alternative job is provided to them. They shall be paid arrears of pay and allowances with 8% interest from the due date till the date of payment. This direction is general and applicable to all Drivers. The Corporations shall undertake review of all such claims and shall ensure that no driver is denied pay and allowances on this issue. The order shall be complied within eight (08) weeks from the date of receipt of a copy of this order. (ii) Petitioners and all Drivers who are declared as unfit to drive on account of 'acquiring disability' while in service are entitled to provision of alternative job as a matter of course.

The Corporations shall endeavor to provide alternative job of the same status. For any reason, alternative job of the same status is not possible and the drivers are adjusted in any other post, they shall be paid the same pay and allowances as were paid to them as Drivers including the annual increments.

(iii) If alternative job cannot be provided, the Drivers shall be kept in a supernumerary post until a suitable post is available or till he attains the age of superannuation whichever is earlier and shall be paid pay and allowances of

MSR, J W.P.No.37400 of 2016 the post of Drivers until they attain the age of superannuation.

(iv) These directions are applicable to all similarly situated drivers.

However, in respect of payment of arrears of pay and allowances, the respondents shall take into account amounts already paid towards such pay and allowances for the period-in-question."

3.

As a sequel, miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

_______________________________ M.S. RAMACHANDRA RAO, J 02.11.2016.

Msr

MSR, J W.P.No.37400 of 2016 HON'BLE SRI JUSTICE M.S. RAMACHANDRA RAO WRIT PETITION No.37400 of 2016 02.11.2016 Msr