State Cannot Deny Alternative Posts, Promotions, And Salary Benefits To Disabled Employees: Andhra Pradesh High court

The Andhra Pradesh High Court has ruled that the state government cannot deny promotion, salary benefits and alternative posts to a disabled employee while in service. High Court directed the RTC to pay salary dues for the period he was not given employment with 6 per cent simple annual interest and subsequent arrears which he would have received by way of promotions and increments if he was in regular employment. Ch S Rajeswara Rao moved to High Court after APSRTC denied his request for salary for the period he was not given service, he met with an accident in 2001 and underwent surgery in which doctors removed two discs from his spinal cord. The APSRTC retired him declaring him medically unfit for the position of conductor. Rao made several representations, seeking alternative employment.

As his request was not approved, he moved the petition before the commissioner of disabled welfare under provisions of the Persons with Disabilities Act in 2005. Taking cognisance of his petition, the commissioner directed APSRTC to provide alternative employment to Rao in 2006 The APSRTC reinstated him in February 2007 and utilised his services in the bus pass section at Governorpet 1 depot in Vijayawada. Rao again made several representations to APSRTC, seeking salary arrears between 2001 and 2007.

Under Justice Ravinath Tilhari the argument of APSRTC was considered untenable and the transport body was persuaded to give the petitioner alternative employment. Section 47 of the Act clearly mandates giving alternative employment and giving protection to disabled persons by creating supernumerary posts if his/her services cannot be used, Justice Tilhari observed, adding that APSRTC cannot deny back wages for the interregnum period as the petitioner was not at fault for not discharging his duties.

Justice Tilhari has directed the transport body to give the petitioner his salary with 6 per cent of interest along with other consequent benefits.