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V. R. K. KRUPA SAGAR
K. A. H. D. V. Prasad S/o K. Kanaka Ratna Samba Siva Rao – Appellant
Versus
Andhra Pradesh State Road Transport Corporation – Respondent
ORDER :
If health fails an employee in service whether the law fails him from service itself? The writ petitioner joined as a Casual Driver in Andhra Pradesh State Road Transport Corporation (APSRTC) during the year 1990. His services were regularized from 01.08.1991. His services were confirmed from 01.08.1996. During October, 2003 he experienced difficulty in his vision. Then onwards he underwent medical examinations at APSRTC Dispensary, Vidyadarapuram, Vijayawada and at Sarojini Devi Eye Hospital, Hyderabad and he was diagnosed “RE Pseudophakic RD”. There was surgical intervention on 16.03.2004. He was examined and treated at Tarnaka Hospital. On multiple occasions he was examined by Medical Board. The Medical Board found him unfit for A-1 category duties on 19.07.2005 because of his defective distant vision (right loss of one eye). Consequently, on 27.07.2005 the APSRTC vide proceedings No.E1/468(5)/05/VDP dated 27.07.2005 applying Regulation No.6A(4) of APSRTC Employees (Service) Regulations, 1964 retired him from service of Corporation on medical grounds with effect from 19.07.2005.
2. Since 07.06.2004 the writ petitioner has been making representations seeking for alternative
An employee who acquires a disability during service cannot be dismissed; they must be accommodated in suitable employment as per the law.
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 central legal point established is that under disability rights acts, an employee who acquires a disability during service should be provided with equal alternative employment without reduction i....
The definition of disability under the Persons with Disabilities Act must be strictly adhered to, and delays in challenging administrative actions can bar relief.
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.
Employers cannot terminate employees who acquire disabilities during service; they must continue to provide wages and benefits under Section 47 of the Disabilities Act.
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