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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
HARINATH.N
P. Moulali, S/O Papanna – Appellant
Versus
A P State Road Transport Corporation Rep By Its, Managing Director – Respondent
ORDER :
Harinath. N, J.
1. The petitioner has filed the present writ petition seeking a declaration that the denial of wages, non-grant of continuity of service, and failure to protect the pay of the petitioner are illegal, arbitrary and discriminatory. The petitioner is challenging the proceedings dated 11.01.2008, whereby the respondent authority provided alternative appointment to the petitioner and posted him as Shramik at Nandikottukur Depot.
2. The learned counsel appearing for the petitioner submits that the petitioner joined the service of the respondent as a Conductor on 19.03.1985 and his services were regularized on 01.07.1986. It is further submitted that the petitioner was removed from service on account of charges relating to cash and ticket irregularities. The petitioner preferred an appeal before the appellate authority and, having failed to succeed in his efforts for reinstatement, filed W.P.No.11837 of 1989 before this Court. This Court modified the order of removal and granted reinstatement into service without continuity of service and without back wages, appointing the petitioner afresh as a Conductor.
3. In pursuance of the directions of this Court, the petitioner
The definition of disability under the Persons with Disabilities Act must be strictly adhered to, and delays in challenging administrative actions can bar relief.
Section 47 of the Persons with Disabilities Act mandates alternative employment with pay protection for employees found unfit for their current position due to medical reasons.
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 central legal point established in the judgment is the mandatory protection provided to employees acquiring disability during service under Section 47 of the Persons with Disabilities Act, and th....
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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