K G V Rao ,Visakhapatanam v. A.P.State Road Transport Corp And 2 Others

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO. 35422 OF 2017 ORDER:

This writ petition is filed seeking a writ of Mandamus to declare the impugned proceedings/office order No.P2/468(i)/2016/MDPM, dated 20.2.2016 as illegal, unconstitutional and against the provisions of Section47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for brevity "the Persons with Disabilities Act"). A consequential relief is sought to provide alternative employment to the petitioner.

Heard Sri E.Madan Mohan Rao, learned counsel for the petitioner and Sri S.V.Ramana, learned Standing Counsel for the APSRTC. It is submitted by learned counsel for the petitioner that the petitioner was appointed as a driver in the respondent-Corporation in the year 1990 and his services were regularized in the year 1991. While the petitioner was discharging his duties, he had suffered severe health problem, after putting in a considerable period of service, in the form of Lumbar Laminectomy with failed back Syndrome, and consequent upon which, the petitioner was discharged from services on medical invalidation vide proceedings No.P2/468(i)/2016, MDPM, dated 20.2.2016. The petitioner