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2016 Supreme(AP) 450

C.V.NAGARJUNA REDDY, G.SHYAM PRASAD
Telangana State Road Transport Corporation Rep. by its Managing Director – Appellant
Versus
P. Ramesh – Respondent


Advocates Appeared:
For the Appellants:G. Vidya Sagar, Senior Counsel, appearing for B. Mayur Reddy, Standing Counsel for Telangana State Road Transport Corporation, Dammalapati Srinivas, Advocate General, S.V. Ramana, Standing Counsel for A.P. State Road Transport Corporation.
For the Respondent:A. Jagan, S.M. Subhan, T.S. Venkata Ramana, P. Govinda Rajulu, P. Venkateswar Rao, G. Rajesh, Naraparaju Avaneesh, A.G. Satyanarayana Rao, S.D. Gowd, D. Ramakrishna, Kallakuri Srinivasa Rao, K. Udaya Sri, Mr. N. Mukunda Reddy Ravi, Mohd. Ghouseuddin, Advocates.

JUDGMENT:

C.V. Nagarjuna Reddy, J.

Introduction:

1. This batch of Writ Appeals arise out of the Judgments of different learned single Judges allowing the Writ Petitions filed by the Drivers of the Telangana and the Andhra Pradesh State Road Transport Corporations, who were declared medically unfit to continue as Drivers. Though reasons may have slightly varied in their Judgments/Orders, the views of the learned Judges are concurrent with each other on the interpretation of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995, (for short "the Act"). To put it briefly, all the learned Judges held that for being entitled to the benefits under Section 47 of the Act, the acquired disability of an employee need not necessarily fall within the definition of disability under Section 2(i) and that irrespective of the nature of disability acquired by an employee, if such disability led to his being declared as not fit to continue in the post which he was holding prior to his acquiring the disability, he is entitled to the benefit of Section 47 of the Act.

The background facts:

2. The respondents have joined the erstwhile Andhra Pr












































































































































































































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