AI Structured Summary
Not yet generated for this judgment
Judgment
BY HON'BLE MS. JASMINE AHMED, MEMBER (J).
It is the contention of the learned counsel for the applicant that the applicant, herein, joined as Gangman with the respondents on 28.01.2013. Thereafter, the applicant preferred a representation dated 27.05.2013 for change of category of post as he was 50% handicapped. After that the respondents kept sending him for medical checkup which took almost two year's time. Ultimately, the applicant was given the job of Chaukidar and he was allowed to join on the post of Chaukidar on 11.08.2015. It is also contented by learned counsel for the applicant that the respondents has taken a long time to take a decision in his case and deprived him from salary for the period from 11.07.2013 to 10.08.2015. In this regard, he drew my attention at paragraph no. 26 on page no. 7 of the paper book which is quoted as under:
"524 treatment of the period of absence of Railway employees sent for periodical medical examination:-
The period for which an employee is absent from duty for periodical medical re-examination may be treated as below:-
Time spent in journey to and from the actual medical examination may be treated as duty.
Time taken by the examination medical authority to come to a decision in the matter may be treated as duty. In case where the examination authority is not quite sure of the decision to be taken, he makes a reference to the Chief Medical Director and the first decision in this case is given after reference to the CMD. In such cases, the period up to the announcement of the decision may be treated as duty."
Accordingly, the learned counsel for the applicant states that the applicant is covered by this paragraph no. 524 of Indian Railway Medical Manual Part I (3rd Edition) 2000 and hence, he is entitled for the salary for the period as he claimed in this OA.
I have perused the documents which is available on record today and found that the applicant joined with the respondents on 28.01.2013 as Gangman. Thereafter, on his requests, medical checkup was going on by the respondents and ultimately they came to a conclusion that he is not suitable for the post of Gangman and offered the post of Chaukidar on 11.08.2015. Learned counsel for the applicant also states that as the respondents themselves allowed him to join the post of Chaukidar on 11.08.2015 hence, for the intervening period, he is entitled for salary as per the paragraph no. 524 of Indian Railway Medical Manual Part I (3rd Edition) 2000. Learned counsel for the applicant also states that at this stage the applicant would be happy and satisfied if a direction is given by this Tribunal to the respondents to consider and decide his representation which is pending dated 31.05.2021 submitted on 01.06.2021.
It is not disputed that the applicant joined as Gangman and ultimately offered the post of Chaukidar by the respondents. Accordingly, the respondents are directed to decide the representation of the applicant dated 31.05.2021 which was submitted on 01.06.2021 by way of a detailed reasoned and speaking order within a period of two months from the date of receipt of a certified copy of this order.
Original Application is disposed of at the admission stage accordingly. It is made clear that nothing has been commented on the merits of the case.
There shall be no order on costs.