THE HON’BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.27295 OF 2025

O R D E R:

With the consent of both the parties, this Writ Petition is taken up for disposal, at the admission stage itself.

2. This Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:

“...to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring that the action of the respondents in not counting my earlier service/seniority in the post of driver for the purpose of next promotion and also not paying 25% of the salary for the intervening period i.e., from date 23-09-2023 to 19-12-2023 (from the date of unfit to reporting for duty as conductor) is bad, arbitrary, illegal, unjust and contrary to Acts by setting aside the condition No.1 of Office Order No.P2/468(01)/2022-RM-NLG dt.14-12-2023, of the 4th respondent herein and consequently direct the respondents to count the seniority in the post of driver for the purpose of further promotions and also allotting duties in conductor post and also pay the

25% of the salary for the intervening period above mentioned and pass...”

3. Heard Sri P.Venkateswar Rao, learned counsel for the petitioner; Sri P.Sathish Kumar, learned Standing Counsel for respondent Nos.1 to 4; and learned Government Pleader for Services-I for respondent No.5.

petitioner was working as a Driver, he was sent for medical examination on 23.09.2023, wherein he was declared as unfit to the post of Driver A1 category and issued a certificate to that extent vide proceeding No.P2/468(1)/2023-SRPT dated 22.09.2023. Subsequently, the respondent No.2 is provided alternative employment to the petitioner as Conductor in Nalgonda District vide proceeding No.P2/668(01)/2022-RM-NLG issued by respondent No.2 by imposing a condition that his seniority shall be maintained in the category of Conductor from the date of reporting as Conductor in Nalgonda Region, which is contrary to the Section 20 of the Rights of persons with Disability Act, 2016 and also as per Section 47 of the Old Act, persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995. Therefore, he seeks permission of this court to permit the petitioner to make a representation to respondent Nos.2 and 3 and that respondent Nos.2 and 3 be directed to consider the same in terms of to the Section 20 of the Rights of persons with Disability Act, 2016 and also as per Section 47 of the Old Act, persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995 and pass orders within a stipulated period of time.

on receipt of representation from the petitioner, respondent Nos.2 and 3 will consider the same and pass orders in accordance with law.

6. Having regard to the submissions made by learned counsel for the respective parties, this Writ Petition is disposed of permitting the petitioner to make a fresh representation before respondent Nos.2 and 3 ventilating his grievance by enclosing all the relevant documents within a period of two (02) weeks from the date of receipt of copy of this order. Upon receipt of such representation, respondent Nos.2 and 3 are directed to consider the same and pass orders, in terms of the Section 20 of the Rights of persons with Disability Act, 2016 and also as per Section 47 of the Old Act, persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995, within a period of six (06) weeks thereafter and communicate a copy thereof for the petitioner.

Miscellaneous petitions pending, if any, shall stand closed.

There shall be no order as to costs.

____________________ PULLA KARTHIK, J Date: 12.09.2025.

SPD