Bala Nagaiah and Another vs Andhra Pradesh State Road Transport Corporation and Others

B. Subhashan Reddy, J.—The two petitioners herein had been serving the Andhra Pradesh State Road Transport Corporation (APSRTC) for nearly two decades as drivers. As there are hazards in every employment/profession, the post of the drivers in A. P. S. R. T. C. are no exception. Because of the constant driving and the strain involved, the petitioners and the like develop defective eye vision. I myself dealt with several cases sitting in admission and also in final hearing. As this type of cases are occurring time and again, I deem it reasonable to adjudicate these two matters comprehensively so that it can act as a guiding formula for appointment of such drivers who sustain defective eye-vision or other medical problems on account of long driving years. The criterion being adopted by A. P. S. R. T. C. now is to allocate 10% of the quota for appointment as cleaners from among drivers who are declared medically unfit while working as drivers. But, again this is made division-wise. A district is a division in A. P. S. R. T. C. Consequently, if any driver sustains defective eye-vision and is to be rehabilitated, he has to come within 10% quota of that particular district where he gets the defective eye-vision at the relevant point of time, and then he is kept waiting for one year and if the vacancy is not available from among the allocated quota of 10% in that district/division within one year, he is retired compulsorily. In my considered opinion, as the A. P. S. R. T. C. has formulated a policy to rehabilitate the employees who become medically unfit by appointing them and allocating 10% quota, this 10% quota as a policy, cannot be altered by this Court as the Court never sits over the policy of the governmental authority or any other authority which is State under Article 12 of the Constitution of India. But, this Court is empowered to see as to whether there is nexus to treat this 10% quota only division-wise. This kind of treatment may cause lot of hardship to the employees who become medically unfit and further there is no intelligible differentia to rehabilitate only district-wise. When the policy to allocate 10% quota by way of rehabilitation on medical grounds and to appoint them as cleaners in order to treat all such persons equally and to avoid the arbitrariness and confusion, it is desirable that 10% quota should be reckoned State-wide instead of division-wise and then the seniority list be prepared State-wide reckoning the date of confirmation by the medical authority of the medical unfitness of the employee and then follow the same while seeking to rehabilitate them in other suitable posts on State-wide basis. This ensures immediate employment to the affected persons the moment a vacancy occurs in the 10% quota anywhere in the State. The requirement of being a local candidate need not be a criterion for rehabilitating medically unfit employees in other posts by way of rehabilitation, as the entire object is to rehabilitate them as early as possible so as to provide them a source of livelihood. In view of the fact that ailment like defect in eye-vision is the hazard of driving by serving A. P. S. R. T. C. for longer years, nexus lies in accommodating them anywhere in A. P. S. R. T. C. not limiting to that particular district where he sustains defective eye-vision or other ailment.

Accordingly, I hold that 10% quota allocated for rehabilitating the medically unfit persons in other posts, the entire State shall be treated as one unit and then a seniority list be prepared reckoning the date on which the employee is declared as medically unfit by the medical board concerned. On the basis of the said seniority list, the person so declared as medically unfit should be offered the alternative post which he is capable of holding, the moment such a vacancy arises within that quota anywhere in the State. The petitioners shall be accommodated likewise in posts of cleaners anywhere in the State, provided there are vacancies within the said 10% quota, computing and construing the said 10% quota on State-wide basis. This exercise shall be made by the respondents within a period of three months from the date of receipt of this order.

Accordingly, the writ petitions are disposed of. No costs.