SANJAY KUMAR
K. Moses – Appellant
Versus
APSRTC, Reptd. By its Managing Director, Musheerabad, Hyderabad – Respondent
Denial of alternate employment by the Andhra Pradesh State Road Transport Corporation in terms of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 is called in question.
2. The petitioner, a Driver in the Andhra Pradesh State Road Transport Corporation (APSRTC), met with an accident while returning home from duty on 03.01.2006. He was declared unfit to continue in the post of a Driver owing to the injuries and the disability which resulted from the accident. It is his case that he sought alternate employment in accordance with Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for brevity, 'the Act of 1995'), as he had no other source of income and had to provide for his family including three school going daughters. He got issued legal notice dated 13.08.2007 to the APSRTC in this regard. While so, he received the APSRTC's letter dated 09.08.2007 on 29.08.2007 stating to the effect that his settlement amounts were ready for payment and calling upon him to attend the office and receive the same. He replied vide letter dated 31.08.2007
Syed Musebulia Ali v. Secretary, General Administrative Department, Secretariat
Md. Jani Miya v. APSRTC: 2000 (5) ALD 166. (Para 11)
Kunal Singh v. Union of India: (2003) 4 SCC 524 = 2003 (4) ALT 7.1 (DN SC). (Para12)
SK. Moulana v. Depot Manager, APSRTC Banswada Depot
M.V. Ramana Rao v. APSRTC: 2003 (4) ALT 150. (Para 16)
State of Punjab v. Amar Singh Harika AIR 1966 SC 1313. (Para 28)
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