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IN THE HIGH COURT OF TELANGANA
PULLA KARTHIK
Md. Saleem Pasha – Appellant
Versus
Telangana State Road Transport Corporation – Respondent
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 continuously till he was made to retire from service prematurely w.e.f.19.01.2019 vide impugned proceedings dated 21.01.2019 wherein the petitioner was declared as unfit for any post in the Corporation due to disability sustained after entering into the Corporation, which is illegal and arbitrary. It is further submitted that while the petitioner was working in third respondent Depot, he s
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.
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.
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