THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.43642 of 2022

ORDER:

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 sustained a fracture injury while travelling on a motor bike on 30.03.2016 at about 2230 hours after completion of his duties on that day. Initially, the petitioner was treated at NIMS hospital and the said hospital has estimated the cost of treatment as Rs.60,000/-, which was also informed to third respondent vide letter dated 12.04.2016. Accordingly, he has taken treatment at R- 2 hospital. Since he was not completely recovered at R.2 Hospital, the said hospital has referred him to NIMS Hospital, Hyderabad, where the petitioner has incurred Rs.60,000/- towards treatment. After the treatment, NIMS Hospital, has issued Medical Certificate dated 11.04.2018 advising the Management of respondent Corporation that he may be allotted desk duties or other than driver duties. Accordingly, for some period, his services were extracted on other duties i.e. other than driver duties, out of designation basis, through letter dated 04.11.2017 as issued by the Chief Personnel Manager to Regional Manager, Hyderabad Region. While so, the RTC Dispensary, Musheerabad, also examined the petitioner on 08.06.2018 wherein he was declared unfit for the post of driver i.e. A.1 category due to right leg fracture. Hence, the petitioner made a representation to respondent No.3 on 13.06.2018 with a request to send him to Medical Board for examination on medical appeal wherein he was examined on 21.11.2018 and declared unfit for the post of driver, against which, he was examined by the Medical Board on 08.01.2018 on the representation of third respondent letter dated 27.11.2018 and the said Board has declared him medically unfit for the post of driver and other alternative posts without any valid reason. Therefore, the action of the Board in declaring the petitioner as unfit for all other alternative posts is without any basis and valid reasons and in violation of Articles 14 and 21 of the Constitution of India, resulting in depriving the petitioner of his livelihood and bread to his family members apart from violation of Section 20 (4) of the Right of the Persons with Disabilities Act, 2016 (in short ‘Act of 2016’). Hence, the petitioner made a representation on 23.11.2020 requesting for re-medical examination for job as he has no source of income for his family and he is hardly having age of 41 years and still having 19 years of service for his actual retirement. Hence, retiring the petitioner from service at younger age prematurely amounts to violation of Articles 14 and 21 of the Constitution of India. Learned counsel has further submitted that the petitioner has studied upto 10^th Class and is suitable to the post of Shramik and Record Keeper and any other suitable job. Therefore, the learned counsel prayed this Court to pass a