Manoj Kumar vs Union Of India, Through General Manager And Ors

L. Narasimha Reddy, J

The applicant was considered for selection to the post of Assistant Station Master, in the Indian Railways. He was cleared in the selection process subject to the medical test and verification of records. Since he was not issued an order of appointment by treating him as medically unfit, he approached this Tribunal by filing O.A No. 2099/2011. It was disposed of on 07.12.2012 directing that the case of the applicant shall be referred for medical examination to a Board constituted by All India Institute of Medical Sciences (AIIMS), which in turn shall take into account, the records such as X-Ray file, CT Scan Films and pulmonary medicine.

In compliance to that, the Railways referred the case of the applicant to AIIMS and the Board, in turn, examined the applicant in detail. Through report dated 07.04.2012, the Board indicated the condition of the applicant and left it to the Railways, to decide about his fitness to be appointed as Assistant Station Master. On the basis of the report, so received from the AIIMS, the Railways through order dated 02.06.2012, informed the applicant that he is declared as medically unfit in AYE Two category. The same is challenged in this O.A.

The applicant contends that the findings recorded by the medical Board constituted by the AIIMS did not declare him 'unfit' whereas the Railways have declared him 'unfit', without indicating any factors. Other grounds are also urged.

Respondents filed counter affidavit stating that the post of Assistant Station Master is a safety category post and involves discharge of very arduous duties and the applicant who is suffering from pulmonary disease, cannot be treated as 'fit' for the same. It is also stated that many opportunities were given to the applicant to get his fitness assessed and ultimately it was found that he is not 'fit' for the post.

We heard Mr. L. R. Khatana, learned counsel for applicant and Mr. Shailendra Tiwari, learned counsel for respondents.

It appears that the applicant suffered from pulmonary disease of Tuberculoses and took treatment for that. The record discloses that though he was otherwise selected on the basis of his performance, it was subject to his medical fitness. It is in this context, that he was denied the order of appointment. In O.A No. 2099/2011, the Tribunal directed that the medical condition of the applicant be assessed by a Board constituted by AIIMS. After verifying the entire record, the Board comprising of four senior Doctors, recorded its findings as under :-

"The interpretation of PFT is that Mr. Manoj Kumar is having normal vital capacity & mild irreversible airway obstruction.

All the reports & investigation were considered by the Board & following is the opinion of the Board :

i. Features of lung fibrosis in (L) upper lobe which is sequalae of old tuberculosis which he had in 1997 (as per patient & available records).

ii. He does not have active T.B. at present (sputum exam dated 10.01.2011 were negative).

iii. He has normal lung vital capacity with mild airway obstruction.

It is further submitted that the suitability of employment in Indian Railways as Assistant Station Master should be decided by the competent medical authorities in the Indian Railways based on the above mentioned board opinion and the necessary & requisite medical standards for the said post."

This, in turn, was taken into account by the medical Board of Railways and thereafter the impugned order was passed. The relevant portion thereof reads as under :-

"The interpretation of PET is that Mr. Manoj Kumar is having normal vital capacity and mild irreversible airway obstruction. You were declare Medically Unfit in Aye Two category for the post of ASM and were re-examined by the Medical Board constituted by the Central Hospital New Delhi and you were also declared medically unfit in Aye Two Category. In compliance of Hon'ble CAT/Delhi's Order a Board was constituted by the AIIMS and on the recommendations of the finding of the Medical Board your case was re-examined and it is found. The decision already informed to you for medically Unfit in Aye Two Category stand good."

It needs to be noted that while dealing with the case, the Railways have taken findings of the AIIMS on their face value and they did not interpret them in any other manner at all. Though we have our own sympathy for the applicant, who was successful in the selection process, we cannot ignore the medical features which were noticed and assessed by the expert medical practitioners hailing from reputed institution. There is not even an allegation of any bias or prejudice against the respondents. The record speaks for itself. As long as the attributes mentioned in the reports remain, there is no way that the applicant can be appointed as Assistant Station Master.

We do not find any merit in the O.A and accordingly, the O.A is dismissed. There shall be no order as to costs.