Directions to Seek Relief Under the Act

N. Siva Kumar vs. APSRTC, Musheerabad, Hyderabad and Others

Filed under: Section 74 of the Persons with Disabilities Act, 1995
Article 14 &16 of the Constitution of India
Appellants: N. Siva Kumar
Respondent: APSRTC, Musheerabad, Hyderabad and Others
Court: In the High Court of Andhra Pradesh at Hyderabad
Judge: S.B. Sinha and S.R Nayak

Facts

N. Siva Kumar while on service was injured and rendered disabled to perform his present job. His services were thereafter dispensed with by his employer. Aggrieved Siva filed a Writ Petition before a single judge in this Court praying for the relief i.e. to issue a Writ Order or directions declaring that the action of APSRTC Musheerabad in terminating his services as illegal, arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India.

Further, he requested the Court to declare that he was entitled for an alternative appointment. This Writ Petition was however dismissed by the Court. Aggrieved, Siva filed the present appeal, challenging the order of the single judge.

Arguments made on behalf of Siva

The lawyer appearing on behalf of Siva argued that Siva had met with the accident in a malfunctioning jeep, which he had been forced to drive by the employers. The lawyer also appealed for protection provided under the provisions of Section 47 of the persons with Disabilities Act.

Observations of the Court

The Court observed that N. Siva Kumar had not claimed the benefits of the Persons with Disabilities Act before the single judge. However, having regard to the fact that a beneficent legislation had been enacted for a person who had been disabled, the Court was of the opinion that his case may be considered by the appropriate authority. Relying on a previous judgment, the Court held that the rights of the disabled to lead a normal life had to be given full consideration.

Thus, an order was passed by the Court directing Siva to file a representation before the appropriate authority seeking the relief prayed for in this appeal. On receipt of such a representation, the appropriate authority was to consider his case in the light of the provisions of the Act and pass an appropriate order at an early date, preferably within a period of four weeks from the date of communication of this order.

With these directions, the Writ Appeal was disposed off.

Sections Referred:

  • Section 74 of the Persons with Disabilities Act, 1995
  • Article 14 & 16 of the Constitution of India

Cases Referred:

  • Sulochana vs. APSRTC, 2000 (4) ALD 278
  • Syed Sha Musebulla Alvi vs. Secretary General Administrative Department, Secretariat, Hyderabad, 1999 (1) ALD 632