Judgment :- Petitioners are two operators of stage carriages in Thrissur and Pallakkad districts. Ext.P3 letter is issued to them by the first respondent, Secretary, RTA, directing them to provide concessions to physically handicapped persons. That communications is issued on the basis of complaints made by certain physically handicapped persons alleging that the petitioners are not extending the benefit of concession to them. By Ext.P3, the petitioners were directed to comply with GO (P).No.1/87/PW & T, also by stating that the concession is allowed at the rate of 70% of the prescribed fare for physically handicapped persons and it applies to minimum fare also. The decision contained in the said letter is under challenge. 2. According to the petitioners, they were granted permits without imposing any condition as contemplated in Section 72 of the Motor Vehicles Act, 1988 and the Government have not framed any rule to provide for concession to physically handicapped persons, even as per the latest revised notification regarding fare stages. It is contended that G.O.P.No.1/87 issued by the Government of Kerala as SRO.No.9/87 through the Secretary to the Government in the Public Works and Transport (M) Department does not govern the field and is not saved under Section 217 of the Motor Vehicles Act, 1988. Accordingly, it is urged that Ext.P3 is issued without authority. 3. G.O.(P).No.1/87/PW & T (SRO.NO.9/87) dated 5-1-1987 was issued by the Government in exercise of the powers conferred by clause (i) of sub-section (1) of Section 43 of the Motor Vehicles Act, 1939, as directions to the State Transport Authority, after previous publication of the draft of the same. The directions issued in the said SRO read as follows: “The State Transport Authority shall fix the rates of concessions for traveling in the State carriages other than those owned by the Kerala State Road Transport Corporation in respect of physically handicapped persons permanently residing in the Kerala State subject to the following conditions, namely:- 1. The physically handicapped persons shall be allowed concession in fares in stage carriages other than those owned by the Kerala State Road Transport Corporation for a distance not exceeding 40 kilo metres for a single journey. 2. The concession shall be at the rate of 70% of the prescribed fare on production of identity cards issued by Regional Transport Officer/Joint Regional Transport Officer in charge of Sub Regional Transport Officers. 3. 2. The concession shall be at the rate of 70% of the prescribed fare on production of identity cards issued by Regional Transport Officer/Joint Regional Transport Officer in charge of Sub Regional Transport Officers. 3. The identity cards may be issued on the basis of the Certificate of a Medical Officer not below the rank of an Assistant Surgeon in the Orthopaedic Branch of a recognized hospital certifying that the applicant has not less than 50% (Fifty per cent) disability. Note: The term “recognized hospitals” means Government hospitals or hospitals recognized by the Government for the purpose of issuing certificates, to the physically handicapped persons by the Social Welfare Department. 4. Application form (Appendix-I) may be obtained free of cost from Regional Transport Office, Sub Regional Transport Office and Unit Office and the same may be submitted to the officers mentioned in para 2 above duly filled in and certified by the Medical Officer as indicated in para 3 above. 5. A passport size photograph of the applicant will be affixed in the application in the column provided therein and duly attested by the Certifying Medical Officer. Another copy of the passport size photograph shall be produced separately for affixing in the Identity Card. 6. Identity Card once issued shall be valid for a period of 3 years from the date of issue, which can be renewed after the period of expiry if and when, the applicant produces a certificate from the Medical Officer that he continues to be a handicapped person having 50% disability. 7. Loss of Identity Card should be reported to the issuing Authority. 8. Duplicate Identity Card may be issued if the Card is lost or damaged during the period of validity. An amount of Rs.2 (Rupees two only) will be realized from the party as fee for the duplicate card. 9. Change of residence of card holders shall be reported promptly to the issuing authority, so as to enable him to make necessary corrections in the record. 10. The issuing authorities shall maintain a Register in the pro forma appended as Appendix-II and keep correct account of Identity Cards issued.” 4. The short issue that arises for decision is as to whether the aforesaid GO (P).No.1/87 issued under Section 43 (1)(i) of the Motor Vehicles Act, 1939 is saved by Section 217 of the Motor Vehicles Act, 1988. The issuing authorities shall maintain a Register in the pro forma appended as Appendix-II and keep correct account of Identity Cards issued.” 4. The short issue that arises for decision is as to whether the aforesaid GO (P).No.1/87 issued under Section 43 (1)(i) of the Motor Vehicles Act, 1939 is saved by Section 217 of the Motor Vehicles Act, 1988. Sub-section (2) of Section 217 is the saving clause. Among other things, clause (a) thereof provides for saving of any notification made or any other action taken under the repealed Motor Vehicles Act, 1939, and in force immediately before the commencement of the 1988 Act unless they are inconsistent with the provisions of the 1988 Act and such notification shall be deemed to have been issued under the corresponding provisions of 1988 Act. Section 67 of the Motor Vehicles Act, 1988 corresponds to Section 43 of the 1939 Act. So much so, the notification issued under Section 43(1) of the Motor Vehicles Act, 1939 would stand saved under clause (a) of Sub-section (2) of Section 217 of the 1988 Act. There is nothing in the notification which is inconsistent to the provisions of the 1988 Act. Therefore, it shall be deemed to have been issued under Section 67 of the 1988 Act. Even assuming that there is any superfluity in mentioning the particular mattes in Section 217, that is legislatively taken care of by sub-section (4) of Section 217 bringing it to be taken care by the general application of Section 6 of the General Clauses Act. So much so, there is no room at all to hold that SRO.9/87 does not continue to be governed the field. In the aforesaid circumstances, the law as it stands is that all the directions issued by G.O.(P).No.1/87/PW & T issued as SRO.9/87 continue to hold the field and the physically handicapped persons are entitled to such concessions as are extended by the said Government Order. The contentions to the contrary are rejected. The writ petition fails and the same is dismissed.