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Indian Express
4 days ago
- Business
- Indian Express
‘Employer's discretion ends where employee's dignity begins,' Supreme Court reinstates TSRTC driver prematurely retired over colour blindness
Stating that 'an employer's discretion ends where the employee's dignity begins,' the Supreme Court recently overturned a high court division bench ruling and ordered the reinstatement of a driver from the Telangana State Road Transport Corporation (TSRTC), who was prematurely retired after being diagnosed with colour blindness. The court also awarded 25 per cent of the arrears of salary, allowances, and benefits from the date of termination until reinstatement. The TSRTC was also directed to reckon the intervening period of termination as 'continuous service'. The court's decision, delivered by a bench comprising Justices J K Maheshwari and Aravind Kumar on August 1, not only vindicated the appellant, Ch Joseph, but also laid down a crucial precedent regarding an employer's constitutional obligation to accommodate employees who acquire a disability during service. The case stems from a routine medical enquiry, which declared Joseph, appointed as a driver in 2014, medically unfit for his position due to colour blindness. The TSRTC subsequently issued orders retiring him from service, while rejecting his request for alternate employment. Though he relied on a 1979 Memorandum of Settlement (MOS), which stated that the 'drivers' would be provided with alternate employment, the Telangana High Court gave its verdict in favour of the Corporation, directing Joseph to make representation for seeking his benefits. In his appeal before the Supreme Court, Joseph contended that the 1979 MOS between the then-undivided Andhra Pradesh State Road Transport Corporation (APSRTC) and the recognised unions is binding on the TSRTC, and the appellant, being a driver of the Corporation, was entitled to alternate employment. He said the high court failed to appreciate that his case falls within the category of people who have acquired the disability during service and thus would be entitled to alternate employment. The counsel for TSRTC informed the court that the 1979 clause was replaced by another clause in 1986 MOS, which said a possible suitable alternate job will be identified to the extent possible, and in case it is not possible, additional monetary benefit will be given. The TSRTC rejected Joseph's claim for an alternate job as he was an illiterate person without a qualification. Among several other grounds to set aside the high court order, the Supreme Court noted that he was prematurely retired from his service without any 'demonstrable effort' by the Corporation to identify or assess the feasibility of alternative employment, despite the appellant having expressed willingness to be reassigned to a non-driving post. The apex court said that colour blindness, though a disqualification for driving, does not render the appellant unfit to serve in any other non-driving role. The court also said that the 1979 MOS clause that the Corporation claimed to have replaced 'remains valid and enforceable' and added that no internal circular can override the terms of such a binding settlement. The Supreme Court also noted that retirement on medical grounds must be a measure of last resort, only after the employer exhausts all reasonable avenues for redeployment. 'This principle is inherent in the concept of 'reasonable accommodation', which is now recognised as an aspect of substantive equality under Articles 14 and 21,' the court stated, adding that the failure to explore alternate jobs was not merely a procedural lapse but a 'substantive illegality that violates the Appellant's right to livelihood and equal treatment.' Further, the court stated, 'Our concern is not confined to the facts of the present case but extends to the systemic risk that employers, particularly public sector entities, may attempt to bypass their obligation to offer alternate employment by drawing rigid distinctions between recognised and unrecognised disabilities under statutory frameworks.' The court said that the obligation to 'reasonably accommodate' such employees is not just a matter of administrative grace, but a constitutional and statutory imperative, rooted in the principles of non-discrimination, dignity, and equal treatment. The judgment added that the court was not crossing a line by intervening when an employee is removed from service for a condition he did not choose, and where viable alternatives are ignored, the court is upholding one drawn by the Constitution itself. 'The employer's discretion ends where the employee's dignity begins,' it concluded. Rahul V Pisharody is an Assistant Editor with the Indian Express Online and has been reporting from Telangana on various issues since 2019. Besides a focused approach to big news developments, Rahul has a keen interest in stories about Hyderabad and its inhabitants and looks out for interesting features on the city's heritage, environment, history culture etc. His articles are straightforward and simple reads in sync with the context. Rahul started his career as a journalist in 2011 with The New Indian Express and worked in different roles at the Hyderabad bureau for over 8 years. As Deputy Metro Editor, he was in charge of the Hyderabad bureau of the newspaper and coordinated with the team of district correspondents, centres and internet desk for over three years. A native of Palakkad in Kerala, Rahul has a Master's degree in Communication (Print and New Media) from the University of Hyderabad and a Bachelor's degree in Business Management from PSG College of Arts and Science, Coimbatore. Long motorcycle rides and travel photography are among his other interests. ... Read More
Hindustan Times
05-08-2025
- Politics
- Hindustan Times
Disability no licence to fire govt employees: SC
The employer's discretion ends where the employee's dignity begins, the Supreme Court held while ruling that public sector employers cannot mechanically retire employees who acquire disabilities during service without first exploring meaningful alternatives for their redeployment. Disability no licence to fire govt employees: SC 'While judicial restraint guards against overreach, it must not become an excuse for disengagement from injustice. When an employee is removed from service for a condition he did not choose, and where viable alternatives are ignored, the Court is not crossing a line by intervening, it is upholding one drawn by the Constitution itself,' said a bench of justices JK Maheshwari and Aravind Kumar, in a significant reaffirmation of the constitutional right to dignity and equality in employment. The August 1 judgment came as the bench directed the Telangana State Road Transport Corporation (TSRTC) to reinstate a driver who was compulsorily retired in 2016 after being diagnosed with colour blindness. Coming down hard on TSRTC for its failure to consider alternative roles for the driver, who had expressed willingness to be reassigned to a non-driving post, the court held that this omission was not just an administrative lapse, but a violation of both statutory obligations and constitutional principles. The judgment drew upon the principle that public employers are duty-bound to provide 'reasonable accommodation' to employees who acquire disabilities during service. Retirement on medical grounds, the court said, must be a measure of last resort, only after all viable options for redeployment have been exhausted. 'The obligation to reasonably accommodate such employees is not just a matter of administrative grace, but a constitutional and statutory imperative, rooted in the principles of non-discrimination, dignity and equal treatment,' noted the bench. The judgment further drew strength from a consistent line of rulings to reaffirm that beneficial legislation must be interpreted purposively to protect the rights of disabled employees. 'Employment security is central not only to individual dignity but also to familial survival,' said the court, emphasising that livelihood cannot be severed 'by the stroke of a medical certificate' without first exhausting all avenues for reassignment. The court cited the example of the driver seeking reassignment to the post of Shramik (helper) , a job that did not require normal colour vision. However, the Corporation did not even attempt to assess his suitability for such a role. According to the bench, the burden lies on the employer, not the employee, to prove that no suitable post exists or can be reasonably created. The court also referenced the pertinent provisions of the Industrial Disputes Act and a binding memorandum of settlement signed by TSRTC in 1979, which explicitly mandated alternate employment for colour-blind drivers with pay protection and continuity of service. The court ruled that TSRTC failed to comply with this binding obligation, adding that internal circulars cited by the Corporation in denying alternate employment, were merely administrative instructions and could not override statutory service conditions created by an industrial settlement. The bench further made it clear that even in the absence of such a settlement, constitutional and statutory principles demand the accommodation of employees who develop disabilities. 'This obligation is not rooted in compassion, but in constitutional discipline and statutory expectation,' it stated. The bench thus ordered the Corporation to appoint the driver to a suitable post consistent with his condition, at the same pay grade he held in 2016, within eight weeks. It also directed payment of 25% of arrears from the date of retirement until reinstatement and held that the intervening period must be treated as continuous service. 'In doing so, we not only vindicate the appellant's rights but also reaffirm our constitutional commitment to a just and humane employer-employee relationship,' the bench concluded.
Time of India
23-07-2025
- Time of India
Telangana RTC plans to add 1,000 new buses to its fleet
1 2 3 Hyderabad: After crossing a milestone of issuing over 200 crore zero-fare tickets under the Mahalakshmi scheme, the Telangana State Road Transport Corporation (TGSRTC) announced plans to add 1,000 new buses to its fleet in the next two months. Of these, 500 buses are expected to support the scheme. On Wednesday, TGSRTC marked the scheme's milestone with state-wide events. Deputy CM Mallu Bhatti Vikramarka on Wednesday said: "As many as 2,400 buses were purchased since the new govt took office. About 2,800 electric buses will be procured to reduce pollution in Hyderabad." Currently, 11% of the TSRTC fleet comprises electric buses. You Can Also Check: Hyderabad AQI | Weather in Hyderabad | Bank Holidays in Hyderabad | Public Holidays in Hyderabad Furthermore, transport minister Ponnam Prabhakar said new buses are being procured and staff appointments are being made in response to increased passenger traffic. "The focus remains on improving services for passengers and ensuring employee welfare," the minister said. According to TGSRTC managing director VC Sajjanar, the Mahalakshmi scheme is being implemented in 7,913 of the 9,703 buses, with around 35 lakh women using the service daily. He noted that the corporation's occupancy ratio rose from 69% in Nov 2023 to 97% in June 2025. According to the officials, daily ridership increased to 60.08 lakh passengers, up from 45.49 lakh before the scheme's launch. The proportion of women passengers also increased from 40% to 66.74%, with around 8 lakh women benefiting in Hyderabad alone.
India.com
12-07-2025
- India.com
Locals Won't Tell You This: 15 Shocking Things To Know Before Visiting Hyderabad
It exudes its rich cultural history and modern infrastructure and also beckons with its vibrant culture. Whether you are here for business or leisure, knowing a few key things will add value to your experience in this bustling city. 1. Location The geographical location of Hyderabad makes it the cultural, economic center of Telangana state which lies in the southern part of India. Because of its geographical location, it is connected to other major cities across India. 2. Weather Hyderabad has a tropical savanna climate characterized by hot summers between March and May and mild winters from December through February. Temperatures can get very high during summer; thus pack light clothes and remain hydrated. 3. Language Telugu is the official language spoken in Hyderabad but Urdu, Hindi, English are also spoken by many people in this region. Many use English as their medium of communication for business purposes as well as for tourism activities in everyday life. 4. Currency Indian Rupee (INR) is the local currency used for transactions within India; there are currency exchange services at airports, banks and authorized exchange offices throughout the city. 5. Safety For most travelers, Hyderabad is regarded as being safe though you should exercise common sense especially at night time or when around big crowds; Keep your valuables secured and avoid dark alleys. 6. Transportation Airport Rajiv Gandhi International Airport (HYD) is located approximately twenty-five kilometers away from the central district of Hyderabad, and it has good connections both within the country and outside thereof meaning that one can easily find his way into the city using buses, taxis or trains. Metro The metro system provides an efficient mode of transportation in the city offering a great alternative for movement around the city. The airport is served by the Shamshabad metro station from which people can connect to other parts of Hyderabad. Bus The Telangana State Road Transport Corporation (TSRTC) operates a vast fleet of buses that link Hyderabad to its neighboring towns and cities. Taxi and Ride-Hailing Services Taxis are easy to find, you can either hail one on the street or book via apps like Ola, Uber or Savaari for convenient drop-off points. 7. Accommodation Ranging from budget-friendly hotels to swanky resorts, Hyderabad offers a variety of accommodation options. During peak tourist seasons and major events, early booking is recommended. 8. Culinary Delights When in Hyderabad, you must try out its famous biryani known for its rich flavor. Additionally, there are several local eateries offering Hyderabadi dishes as well as South Indian cuisine along with North Indian, Chinese and Continental cuisines. 9. Must-Visit Attractions Charminar Charminar, an iconic symbol of Hyderabad, is a historical monument with impressive architecture and vibrant marketplaces around it which make it more lively. Golconda Fort Golconda Fort is a stunning fortress with intricate designs that provides panoramic views over the city offering insight into Hyderabad's royal past. Hussain Sagar Lake With lush surroundings and Buddha statue placed at its center this lake is perfect for boating activities or just leisurely walks by the shore side making it serene. Salar Jung Museum This museum holds one of the largest private art collections in the world including various exhibits from different civilizations. 10. Cultural Riches Hyderabad has a rich cultural heritage influenced by Telugu, Urdu and Islamic traditions. When visiting sacred places or during festivals remember to respect their customs and traditions among others things about local culture/ 11. Health and Safety Tips Hyderabad has reliable healthcare facilities but during summer you should stay hydrated, apply sunscreen and take precautions against heat related illness. Travel insurance is important in case of any unforeseen medical emergencies. 12. Connectivity Hyderabad has strong Internet connection, given the high number of cafes, restaurants and public places which provide Wi-Fi freely in the town. In case it is necessary, visitors should consider taking along power adapters since Hyderabad has Type D power sockets (230V, 50Hz). 13. Festivals and Events Visit or participate in the numerous vibrant festivals such as Ganesh Chaturthi, Diwali, Eid among others to feel the rich cultural heritage of Hyderabad. Visit cultural fairs tabulated on local event calendars. 14. Shopping Enjoy shopping at some crowded markets and modern shopping plazas in Hyderabad. When you need traditional handicrafts, attires and mementos go to those popular places like Laad Bazaar and Inorbit Mall. 15. Emergency Contacts Keep these emergency numbers for any contingencies: Police: 100 Ambulance:108 Fire:101 Wrapping Up By taking these critical insights along with you, you will be well prepared to discover the gems in Hyderabad. Whether attracted by its historic sites, culinary arts or vibrant lifestyle; Hyderabad guarantees a memorable journey full of warmth and friendliness. From ancient citadels to contemporary wonders, embrace the opposites in this town that has not lost its charm over time. Enjoy your stay in the City of Pearls!
Hans India
01-06-2025
- Politics
- Hans India
Rs 1L ex gratia for Saraswati Pushkaralu accident victims
Bhupalpally: Expressing sympathy, Minister for IT and Industries Duddilla Sridhar Babu announced an ex-gratia of Rs 1 lakh for the residents of Komaravelli village who lost their lives in an accident at the Saraswati Pushkaralu. He added that the government stands by the family of the sanitation worker who succumbed to head injuries. No Saturday, the minister participated in a 'Saraswati Pushkaralu – A Day of Thanks' event held in Bhupalapally. Addressing the gathering, he stated that the government is committed to conduct the Godavari Pushkaralu in 2027 on a grand scale. Sridhar Babu said that with the forthcoming Godavari Pushkaralu in mind, the State government is initiating measures to upgrade the national highway leading to Kaleshwaram into a four-lane road and plans are also underway for the construction of new bus depots in Kaleshwaram and other key locations. He stated that about 30 lakh devotees took holy dips at Triveni Sangam during the Saraswati Pushkaralu and the event had generated nearly Rs 10 crore in revenue for TSRTC, besides providing free bus travel enabled lakhs of women to participate in the festival with ease. Bhupalapally MLA Gandra Satyanarayana Rao, District Collector Rahul Sharma and other dignitaries attended the programme.
