Employees found medically unfit for their original post but fit for alternative duties are entitled to be considered for suitable alternative employment under the Rights of Persons with Disabilities Act, 2016 and relevant government guidelines.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, or order or direction more particularly one in the nature of writ of Mandamus declaring that the Office Order No.P1/468(5)/2017-SKT dated 17.04.2018 retiring the petitioner from service on medical grounds with effect from 28.03.2018, is unjust, arbitrary contrary to the Rights of persons with Disabilities Act, 2016, discriminatory in violation of Article 14 and Article 21 of the Constitution of India, set aside the same and consequently direct the Respondents to provide suitable alternative post of Record Tracer/ Shramik to the petitioner as per Section 20 (4) of the Rights of Persons with Disabilities Act,2016, duly protecting the pay scale of the post of Driver with all consequential service benefits including payment of salary for the interregnum period, in the interest of justice and fair play

IA NO: 1 OF 2019

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant an interim direction to the Respondents to direct the petitioner to the Government Medical Board at Government Hospital. Vizianagaram to determine the medical fitness of the petitioner for alternative post of Record Tracer/ Shramik, pending disposal of the writ petition

IA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders passed in I.A.No. 1/2019 in WP.No. 5318/2219 dated 02-11-2022 and pass

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to fix an early date of hearing of the above Writ Petition and pass

The Court made the following:

ORDER:-

This Writ Petition is filed questioning the action of the Respondents in issuing Office Order No. P1/468(5)/2017-SKT, dated 17.04.2018 in retiring the Petitioner from service on medical grounds will effect from 28.03.2018 as illegal and arbitrary.

The precise of the Petitioner is that he was appointed as contract driver on 27.01.2012 and regularized on 01.09.2014. In the month of November, 2017, the Petitioner has undergone surgery at NRI General Hospital, Mangalagiri for low back pain due to lumbar spondylosis. The Petitioner was directed for medical examination and Medical Officer, APSRTC Dispensary, Vizianagaram has opined that the Petitioner due to paresthetica and low back pain and lumbar spondylosis, undergone disectomy laminectomy and referring to the opinion of Neurologist of Queen’s NRI Hospital, Visakhapatnam declared that the Petitioner is ‘unfit’ for the post of driver in A-1 category vide Medical Certificate No. 018789, dated 19.03.2018. Thereafter, the Petitioner submitted a representation dated 24.03.2018 requesting to provide alternate employment as Record Tracer or Shramik as he studied Intermediate by examining suitability for alternative post. On 28.03.2018 Medical Board examined the Petitioner’s fitness for driver and declared unfit for the post of Driver in A-1 category due to Post Laminectomy failed back syndrome. Aggrieved by the same, the present Writ Petition came to be filed.

When the matter is taken up for hearing on 02.11.2022, this Court passed the following order:

“Accordingly, the application is ordered. The respondents are directed t refer the petitioner t the Government Medical Board at the Government Hospital, Vizianagaram, for determination of the medical fitness of the petitioner and thereupon, the Government Medical Board at the Government Hospital, Vizianagarm, is directed to conduct medical examination on the petitioner, determine his medical fitness, and submit a report as to whether the petitioner can