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J. K. MAHESHWARI, ARAVIND KUMAR
Ch. Joseph – Appellant
Versus
Telangana State Road Transport Corporation – Respondent
JUDGMENT :
ARAVIND KUMAR, J.
1. Leave granted.
2. Appellant herein is aggrieved by the judgment passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh (hereinafter referred to as High Court) in Writ Appeal No. 1343 of 2017 dated 21.08.2017, whereunder the writ appeal filed by Telangana State Road Transport Corporation [hereinafter referred to as “TSRTC”] i.e., Respondent No. 1, came to be allowed and the judgment of the single Judge dated 10.03.2016 passed in Writ Petition No. 5164 of 2016 directing the Respondent No.1 to provide the appellant an alternate employment came to be set-aside and permitted the appellant to make a detailed representation to the respondent-corporation to seek alternate employment.
FACTUAL BACKGROUND:
3. Appellant herein was selected and appointed as a ‘driver’ in the Andhra Pradesh State Road Transport Corporation (“APSRTC” –i.e., the predecessor-in-title of the respondent-corporation) on 01.05.2014, after fulfilling the eligibility criteria fixed for the post. On a periodical medical examination conducted by the medical officer of the dispensary belonging to the respondent-corporation, it was found that
(1) Disability acquired during service – There is distinction between persons suffering from disability and persons who have acquired disability during service – When a disability is acquired in cour....
The court established that the acceptance of monetary benefits under duress does not preclude the right to seek alternative employment under the Rights of Persons with Disabilities Act, 2016.
An employer is mandated to provide alternative employment with pay protection to an employee who acquires a disability during service, as per the Rights of Persons with Disabilities Act, 2016.
The court emphasized the duty of the respondents to identify a suitable post for accommodating the petitioner under the relevant legislation for persons with disabilities.
The principle of reasonable accommodation under the Rights of Persons with Disabilities Act mandates that all individuals with disabilities are entitled to employment opportunities without rigid adhe....
Reasonable accommodation is a fundamental right ensuring equality for persons with disabilities; technicalities should not obstruct justice for discrimination cases.
The termination of an employee based on medical unfitness is contrary to the protections established under disability laws, requiring adjustments or supernumerary positions for disabled employees.
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