M.L Reddy, Shramic, Apsrtc, E 506449, v. Andhra Pradesh State Road Transport Corporation,
THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.14680 of 2016 ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: ".....to issue writ, order or directions more in the nature of Writ of Mandamus declaring the Office order No.E2/255(5)2011RM(NLR), Nellore dated 15.05.
2013 passed by 2nd respondent herein in not protecting the petitioner Driver post pay and all attendant benefits including leaves as per the Section of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and not payment of salaries for out of employment period to till providing alternative employment as shramic as illegal, arbitrary and contrary to Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and set aside the same in so far against to the petitioner with all consequential benefits including payment of salaries and all attendant benefits of driver post including leaves and pay arrears on re fixation of pay etc for out of employment period as per the Section 47 of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995."
Heard Sri P.Govinda Rajulu, learned counsel for the petitioner and Sri A.Ravi Babu, learned Standing Counsel for APSRTC appearing for the respondents.
When the matter is called, it is represented by the learned counsel for the petitioner so also the learned Standing Counsel for the respondent Corporation that the issue in the present Writ Petition is squarely covered by the common order of this Court in W.P.No.36337 of 2012
and batch, dated 29.01.2016 and a copy of the same is also placed on record as material paper. The operative portion of the said order at Paragraph No.63 reads as under:
"63. The points are answered in favour of the petitioners. The Writ Petitions are allowed. The following directions are issued:
1) 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 (8) weeks from the date of receipt of the copy of the Order.
2) 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.
3) 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 the post of Drivers until they attained the age of superannuation.
4) These directions are applicable to all similarly situated drivers."
Following the above said common order and for the reasons recorded therein, this Writ Petition is also allowed, in terms thereof.
Consequently, Miscellaneous Petitions, if any pending in this Writ Petition shall stand disposed of. No order as to costs.
_________________ A.V.SESHA SAI, J 27th APRIL, 2016.
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