R. Gopalakrishna v. Managing Director, KSRTC, Central Offices, Bangalore
2012-10-09
Subhash B.Adi
body2012
DigiLaw.ai
ORDER Subhash B. Adi, J : Smt. Nirmala, learned Counsel is directed to take notice for the respondents. 2. Petitioner has sought for a direction to the second respondent to accommodate him in any other alternative suitable post (light duty) in the Corporation in terms of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as 'the Act'). 3. The facts, which are not in dispute are that: The Director (Establishment : Environment) by his endorsement dated 11.11.2011, had informed the Regional Controller, Tumkur, to provide light work to the petitioner for a period of one year from 15.11.2011. Petitioner claiming to be disabled, had filed writ petition in W.P. No.1542/2012. This Court, by order dated 20th March 2012, directed the petitioner to approach the Commissioner for Disabilities and get a certificate to prove that he is a person with disability in terms of the Act. Accordingly, the petitioner appeared before the Medical Board as well as the Commissioner for Persons with Disabilities and he has been issued certificate as per Annexure 'H'. He made a representation along with the certificate issued by the Medical Board to the second respondent per Annexure 'J' dated 19.05.2012 requesting him to assign light duty. 4. If the petitioner proves that he is a person with disability within the meaning of 'person with disability' under the Act and if he has produced all the relevant documents in support of the same, the second respondent was duty bound to consider the representation of the petitioner in accordance with law. 5. If respondent No.2 has not yet considered the representation of the petitioner produced at Annexure 'J', he is directed to consider the same as early as possible not later than two months from the date of receipt of copy of this order. Accordingly, the petition stands disposed of.