An employee who acquires a disability during service is entitled to be shifted to an alternative post without reduction in rank or pay scale, as mandated by Section 47 of the Persons with Disabilities Act, 1995.

O R D E R:

The present Writ Petition is filed seeking to declare the proceedings No. L1/785(24)/07-RM dated 18.01.2007, whereby the claim of the petitioner for providing alternative employment was rejected, as illegal, arbitrary, and violative of Articles 14, 16, and 21 of the Constitution of India, and consequently to direct the respondents to provide suitable alternative employment in the Corporation. Subsequently, the petitioner amended the prayer seeking to declare the proceedings No. L1/785(24)/07.RM;NZB dated 27.02.2009, issued by the 2nd respondent, as illegal and arbitrary, insofar as the respondents failed to fix the petitioner’s pay in the scale applicable to the post of Conductor by protecting the last drawn basic pay, and further failed to treat the out-of-service period from 05.07.2007 (the date on which the petitioner was declared unfit for the original post) till the petitioner was taken back into service as Shramik in March 2009 as duty period with wages, in violation of Articles 14, 16, and 21 of the Constitution of India and Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Consequently, the petitioner seeks a direction to the respondents to fix his pay in the Conductor scale by protecting the last drawn basic pay, to treat the out-of-service period from 05.07.2007 as duty with full wages, and to grant increments and all other consequential benefits.

02. Heard Sri V. Narasimha Goud, learned counsel for petitioner and Sri G. Shiva Naik, learned Standing Counsel for Telangana State Road Transport appearing for the respondents and perused the record.

03. Learned counsel for the petitioner submits that the petitioner initially joined the services of the respondent-Corporation as a Conductor on 03.04.1989, and his services were subsequently regularized with effect from 01.08.1992. While discharging his duties on 10.04.2005 at Bheemgal Depot, the petitioner collapsed due to stress and strain and suffered a paralytic stroke affecting the right side of his body. Immediately thereafter, the Depot Manager addressed a letter dated 10.04.2005 to the Superintendent, APSRTC Hospital, Tarnaka, Hyderabad, requesting that necessary medical treatment be provided to the petitioner. Pursuant thereto, the petitioner was treated as an inpatient for two days at the said hospital and was subsequently referred to Nizam’s Institute of Medical Sciences (NIMS), Panjagutta, Hyderabad, on 12.04.2005, where he remained under inpatient treatment until 20.04.2005.

04. It is further submitted that when the petitioner was again referred to the said hospital in April 2006, a medical certificate dated 22.04.2006 was issued, certifying that the petitioner required continuous treatment and physiotherapy, and that improvement in his condition might be expected within a period of one year. While the petitioner was undergoing treatment and rest, the 3rd respondent issued a letter dated 05.06.2007 directing him to appear for a medical examination, failing which his period of sick leave would not be sanctioned. In compliance therewith, the petitioner reported to the hospital on 05.07.2007, whereupon the medical authorities declared him unfit to discharge the duties of a Conductor.

05. Thereafter, the 3rd respondent prematurely retired the petitioner from service with effect from 31.07.2007. The petitioner, asserting his entitlement, requested the respondents to provide him with alternative employment commensurate with his medical condition. However, the respondents informed him that no provision existed under the relevant regul