ORDER :

1. This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:

“To issue any appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in placing the petitioner in the time scale of Shramik and non-payment of salary from the date of my unfitness till the date of providing alternate differences of salary payable to petitioner that is differences of salary driver and Shramik as arbitrary and violative of Articles 14 and 21 of the Constitution of India and Section 47 and other provident of persons with disability, with equal opportunities (Protection of Rights and full participation) Act, 1995 consequently direct the respondents to pay petitioner the salary from the date of my unfitness till the date of my alternative employment and payment of differences of salary between driver and shramik with all consequential attend benefits and payment of my retirement benefits such as gratuity, leave salary, SBT, SRBS on the basis of last payable salary of driver together with interest @ 12% per annum grand cause of proceedings and pass such other orders.”

2. The petitioner worked as Driver in Andhra Pradesh State Road Transport Corporation (APSRTC) from 01.09.1992 to 24.05.2011 and he was declared medically unfit on 25.05.2011 and he was appointed as Shramik on 25.11.2011 in the 3rd respondent-Depot and worked as such upto 30.06.2016 on which date, he retired from service on attaining superannuation age of 58 years. It is the case of the petitioner that he was declared medically unfit on 25.05.2011 and his salary was not paid from the date of medically unfitness, i.e. 25.05.2011 till the date of his appointment as Shramik on 25.11.2011 and he was not given pay scale from the date of his re-appointment as Shramik and, on the other hand, he was given pay scale of Shramik and therefore, he requested the respondents to pay number of times for payment of difference of salary, but the respondents are dodging payment and the respondents also did not pay his retiremental benefits, viz. SSB earned leave encashment and difference of gratuity. It is the contention of the learned counsel for the petitioner that under Section 47 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter called ‘the Act 1995’) if an employee of acquiring disability is not suitable for the post should be shifted to some other post with the same pay scale and service benefits provided further that if it is not possible to adjust the employee in any other post, he may be kept on a supernumerary post until the suitable post is available or he attains age of superannuation whichever is earlier. It is the further contention of the petitioner that he was medically unfit for the post of Driver and therefore, he was re-appointed as Shramik and shall be entitled for pay scale of the Driver though he was re-appointed as Shramik and under Section 47 of the Act, 1955, he is entitled for the pay scale of the Driver and even after repeated representations, the respondents have responded and therefore the present Writ Petition is filed. He relied on a judgment of the composite High Court in the case of K. Moses vs. APSRTC, Musheerabad, Hyderabad and Others, 2011 (1) ALD 823 on aspect of entitlement of pay scale under Section 47 of the Act, 1955 and he also relied on orders of this Court in W.P. No. 36337 of 2011 and batch, wherein in the said case, the High Court has directed the authorities to pay arrears of pay and allowances with 8% interest from the due date till the date of payment, when the driver was declared medically unfit.

3. Per contra, learned counsel for the respondents filed counter and would contend that due to the disability of the petitioner herein, he was provided with an alternative employment of Shramik and his pay will be protected based on the category of employment, whereby once an