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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
| Table of Content |
|---|
| 1. petitioner's employment history and challenges (Para 1 , 2 , 3) |
| 2. petitioner seeks salary and service continuity (Para 4 , 5) |
| 3. reliance on previous court judgments (Para 6) |
| 4. respondent's arguments on delay and disability definitions (Para 7 , 8) |
| 5. court's reasoning on belated petition and disability (Para 9 , 10 , 11 , 12 , 13) |
| 6. writ petition dismissed (Para 14) |
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
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....
Mandamus for disabled employee's alternative employment becomes infructuous if provided continuously; prevent artificial service breaks via nearest medical board referrals.
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