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IN THE HIGH COURT OF TELANGANA
PULLA KARTHIK
Md. Saleem Pasha – Appellant
Versus
Telangana State Road Transport Corporation – Respondent
| Table of Content |
|---|
| 1. petitioner challenges retirement on medical grounds and seeks alternative employment. (Para 1 , 3 , 5 , 6) |
| 2. arguments presented regarding medical fitness and alternative employment. (Para 2 , 4) |
| 3. court reviews medical assessments and procedural compliance. (Para 8 , 10 , 12 , 14 , 19) |
| 4. court orders re-examination for assessing fitness for alternative roles. (Para 20) |
ORDER :
(PULLA KARTHIK, J.)
Aggrieved by the action of the respondents in retiring the petitioner from service with retrospective effect from 19.01.2019 vide Proc.No.E2/786(01)/2019.MP., dated 21.01.2019, without providing alternative suitable employment and not considering petitioner’s representation dated 23.11.2020, the present Writ Petition is filed.
2) Heard Sri Mr.Nazir Ahmed Khan, learned counsel for the petitioner, Mr.R.Anurag, learned Standing Counsel, appearing for the respondents.
3) Learned counsel for the petitioner has submitted that the petitioner was appointed in the respondent Corporation as driver in the month of April, 2010, after undergoing due process of selection in Hyderabad Region. Subsequently, his services were regularized w.e.f.01.09.2013 and accordingly he has been working c
The court ruled that premature retirement due to declared fitness must be substantiated with adequate reasons, particularly when past accommodations were made, reflecting obligations under Articles 1....
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.
Retrospective retirement on medical grounds is illegal; employees' family members are entitled to alternative employment under the Rights of Persons with Disabilities Act, 2016.
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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