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High Court for State of TelanganaWP/33513/2016disposed of no costs

Pagi Sudhakar, v. The Managing Director And Vice Chairman,

2016-09-29A Ramalingeswara Rao2 pages

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No.33513 of 2016 Order:

The present Writ Petition is filed seeking the following relief. "To issue a Writ of Mandamus declaring the action of the second respondent in retiring the petitioner on the medical unfit without providing alternative employment as per Section 47 (1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short 'the Act'), is illegal, arbitrary and null and void and consequently direct the respondents to pay the salary from the date of declaring as unfit as Grade-I driver with effect from 09.12.2013 and alternative employment to the petitioner."

2.

When the matter is taken up for admission, it is submitted by the learned counsel for the petitioner and admitted to by the learned Standing Counsel for the respondent-Corporation that the subject matter of the present Writ Petition is squarely covered by the common order passed by this Court in W.P.No.24323 of 2012 and batch, dated 21.09.2016, wherein it was observed as follows.

"5.

In view of the above, the respondents are directed to examine each individual case and take necessary steps for implementing the provisions of the Act in the light of the order passed by the learned single Judge and as confirmed by a Division Bench, within a period of three months from the date of receipt of a copy of this order. The petitioners are entitled to move this Court under Contempt of Courts Act if the individual cases are not considered and the above order is not implemented. In case of non application of this order in respect of any case, the respondents are at liberty to pass a speaking order. 6.

Accordingly, all the writ petitions are disposed of. No order as to costs."

3.

In view of the above, this Writ Petition is also disposed of in accordance with and in terms of the order in W.P.No.24323 of 2012 and batch, dated 21.09.2016. There shall be no order as to costs. 4.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

________________________ A. RAMALI NGESWARA RAO, J Date: 29.09.2016 Note:

Registry is directed to attach the order copy in W.P.No.24323 of 2012 and batch, dated 21.09.2016 to this order.

(B/o) Nsr