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Judgment
Per: Dr. Lata Baswaraj Patne, Judicial Member.
The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act 1985, praying for the following relief(s):-
“a) To pass order/or direction upon the General Manager to consider the case of the applicants and to give appointment to the applicant No. 2 in any Group ‘D’ post in the railway as per RBE’s letter and CPO SL/Circular as Annexure A.7. with in time frame.
b)To pass such the order or orders as your Lordships may deem fit and proper.
c)Leave may kindly be granted to file their case jointly under Rule 4(5)(a) of the CAT’s Procedure Rules, 1987”.
Ld. Counsel for both sides are present and heard.
Brief facts in nutshell are as under:-
The applicant is a schedule caste, Tech Gr.-I employee in the Mechanical Department of Kanchrapara Rly, Workshop as he was suffering by Leprosy disease and under treatment in the Railway Hospital. But there is no arrangement of Leprosy Treatment in the Railway Hospital. He was referred to the Leprosy Centre where he was treated for a long time.Central Administrative Tribunal
Due to serious condition, he was unable to perform the job applied for VR. The VR was accepted by the Authority of the Rly. Workshop/Kanchrapara and certificate issued by the Workshop Personnel Officer/E.Rly/Kanchrapara dated 19.03.2015.
The applicant is an illiterate person and getting no legal help from any corner members of times requested to the Authorities verbally to give appointment to the wife on his medical ground, but the authority did not consider his case and due to complete bed-ridden condition, his wife sent a notice to the General Manager and Chief Workshop Manager/E.Rly/Kanchrapara through her advocate on 16.11.2015, but due to receipt, no reply again and had sent a reminder through her Advocate on 23.02.2016 and till date, the Authorities neither considered the case of appointment as per Rly Board’s letter No. E(NG)-11/95/RC-1/94 dated 18.01.2000 (RBE No. 6/2000) addressed to the General Manager (P), and All Zonal Railway Production Units and the CPO Serial No. 32/2000 and No. E- 359/C/Et. I dated 1st March, 2000. Hence, the applicants had compelled to rush to the Hon’ble Tribunal for relief.
Being aggrieved, the applicant had approached this Tribunal and had filed this Original Application.
After notice, Ld. Counsel enters appearance through their Counsel, filed their detailed reply and opposes the relief. The following grounds are as under:-
The applicant no. 1, Sri Hira Bansfore, Ex- Technician-I, Welder (Multi-Skilling) bearing Ex-Ticket-Number- 5215 was working under Sr. Central Administrative Tribunal Engineer/5 of Eastern Railway, Kanchrapara.
The applicant no. 1 had informed the Chief Works Manager, Eastern Railway, Kanchrapara by a letter dated 16.01.2015, but he could not perform his duty due to his mental disturbances as he was suffering from Leprosy and admitted in Leprosy Hospital at Titagarh for 03 months. He was intimated in this letter that he had decided to take ‘Voluntary Retirement’ from his service w.e.f, 31.03.2015 and requested to consider his said prayer sympathetically.
The said representation/prayer of the applicant no. 1 dated 16.01.2015 for ‘Voluntary Retirement’ from Railway Service was accepted and approved by the Competent Authority. He was allowed to retire from Railway Service voluntarily w.e.f, 31.03.2015 and an office order was issued vide E.O. No. EL/E-2(LOCO) S-5/44/2015 dated 25.2.2015 by the Assistant Welfare Officer, Eastern Railway, Kanchrapara.
It appears from Annexure-A/1 of the Original Application that the applicant no. 1 was examined by the Sr. Divisional Medical Officer of B.R. Singh Hospital, Sealdah under Eastern Railway on 24.6.2014 and 26.8.2014 respectively. On 24.6.2014, the said Medical Officer only certified that he was suffering from Leprosy and on 26.8.2014, the said Medical Officer declared the applicant no. 1 fit and allowed him to join in his duty w.e.f, 27.8.2014. The said medical officer declared him medically unfit for any category in Railway Service.
Under Para 522 of Indian Railway Medical Manual, Volume-I (2000), the applicant no. 1 could challenge the report of the said Medical Officer Central Administrative Tribunal and prefer an appeal for re-examination and/or re-consideration of adverse report of the said Medical Official before the appellate authority. But the applicant no. 1 failed to exercise the said provision.
Para 537 of Indian Railway Medical Manual, Volume -I, 3rd Edition (2000) provides about different types of certificates which can be issued by the Railway Doctors in the event of sickness of a Railway employee which are as under:-
Sick Certificate.
Continuation sick Certificate.
Certificate of recommendation for change of air or recuperation.
Fit Certificate.
Duty fit Certification.
Invalidation Certificate.
In this case, the Senior Divisional Medical Officer, B.R. Singh Hospital, Sealdah, Eastern Railway has issued Fit Certificate' to the applicant no.1 on 26.8.2014 (as appears at page 15, Annexure 'A-1' of the instant application).
That para 543 of Indian Railway Medical Manual, Volume-1, Third Edition (2000) provides about Invalidation Certificate' which are as under:-
"(1)For the invalidation of a non- gazetted railway employee, a medical board is necessary. This medical board should be headed by the Chief Medical Superintendent/Medical Superintendent of the division. The recommendations of the medical board will be forwarded to the Chief Medical Director who is the competent authority for acceptance.
(2)When a Railway employee appears before a competent Railway Central Administrative Tribunal doctor to obtain a certificate under this section or presents a certificate from a non-railway registered medical practitioner and in the opinion of the Railway Medical Officer, there is no reasonable prospects that the Railway employee will be fit to resume the duties of his post, the case should be referred to the Chief Medical Superintendent/Medical Superintendent in-Charge of the division, who will decide about the examination of the case by a Medical Board."
In this case, Senior Divisional Medical Officer of B.R. Singh Hospital, Sealdah under Eastern Railway issued him fit certificate on 26.8.2014 and allowed him to join in his duty with effect from 27.8.2014 (as per Annexure A-1 at page 15 of the said application). He was not declared medically unfit for any category of Railway service by Medical Board.
Para 3 of RBE No. 8/2000 (circulated under CPO's Serial Number 32/2000) provides as under:-
"... In cases where an employee is totally incapacitated and is not a position to continue in any post because of his medical condition, he may be allowed to opt for retirement. In such cases, request for appointment on compassionate ground to an eligible ward may be considered."
In this case, the applicant no.1 was not declared as medically unfit / incapacitated, rather he was declared fit by the Senior Divisional Medical Officer, B.R. Singh Hospital, Sealdah, Eastern Railway on 26.8.2014 (as appears at page 15 Annexure 'A-l' of the said application) and he was allowed by the said Medical Officer to join in his duty with effect from 27.8.2014. Therefore, provisions contained in RBE 8/2000 (circulated under C.P.O's Serial No. 32/2000) are not at all applicable in this case. Central Administrative Tribunal
It is not a case where the applicant no.1 was found unfit for any category of Railway Service on medical ground by the Railway Medical Board. On the contrary, the applicant no.1 himself applied for voluntary retirement by his letter dated 16.1.2015 on the ground that he was suffering from mental disturbances as he got admitted in Leprosy Hospital at Titagarh and as such there is no question of giving appointment on compassionate ground to his wife, applicant no.2.
The Respondents rely upon the Judgement dated 7th October, 2013 of the Hon'ble Central Administrative Tribunal, Jabalpur Bench in O.A. No. 618 of 2011 (Bhuneshwar Sahu -Vs- Union of India and Others) where the said Original Application was dismissed on merit as the applicant's father himself had applied for Voluntary Retirement on health ground as well as the circumstances of the family and also the applicant had not challenged the report of the Medical Authority under para 522 (2) of Indian Railway Medical Manual Volume -1 (2000) which provides for appeal against the report of the medical authority. In view of the aforesaid Judgment delivered by the Hon'ble Tribunal, Jabalpur Bench in O.A. No. 618 of 2011, the applicant no.1 in the instant case is not entitled to get the benefit of Compassionate Appointment in favour of his wife, the applicant no.2 as the applicant no. 1 has not declared medically unfit for all classes in Railway Service by the Senior Medical Board Officers and he has also not challenged the report of the medical authority under para 522 (2) Of Indian Railway Medical Manual, Volume 1 (2000) which provides for appeal against the report of the medical authority.
The Respondents humbly submit that the instant application is not maintainable as the applicant no.1 himself decided to take voluntary Central Administrative Tribunal retirement from service w.e.f. 31.3.2015 due to his mental disturbances as he got admitted in Leprosy Hospital at Titagarh and the same was intimated by him vide letter dated 16.1.2015 to the Chief Works Manager Eastern Railway, Kanchrapara. His said prayer was accepted accordingly by the Competent Authority and he was allowed to retire from Railway service voluntarily with effect from 31.3.2015 vide office order dated 25.2.2015 being E.O No. EL/E-2 (Loco) S-5/44/2015. Therefore, the provisions contained in RBE 8/2000 (circulated under C.P.O's Serial No. 32/2000) are not applicable in this case as the applicant was not declared as medically unfit and/or incapacited on medical ground by the Railway Medical Board, rather the Senior Divisional Medical Officer, B.R. Singh Hospital, Sealdah under Eastern Railway upon examining the applicant no.1 gave him fit certificate on 26.8.2014. Hence, the question of giving appointment on compassionate ground to the applicant no.2 does not arise at all.
The applicant did not challenge the report of the said Medical Officer dated 26.8.2014 by preferring an appeal for re-examination and/or reconsideration of the said certificate dated 26.8.2014 (as appears at page 15 of the instant application being Annex A-1) of the said Medical Officer before the Appellate Authority as 522 of India Railway Medical Manual, per para Volume-1 (2000).
The 'Fit Certificate' was issued to the applicant no.1 dated 26.8,2014 by the Railway Medical Officer as per para 537 of India Railway Medical Manual, Volume-1 (2000) and no invalidation certificate was issued to the applicant no.1 by the Railway Medical Officer as per para 543 of India Railway Medical Manual, Volume-I Third Edition (2000), rather he was Central Administrative Tribunal allowed to join in his duty with effect from 27.8.2014 as he was found fit after examination by the Railway Medical Officer on 26.8.2014 (Annexure A-1 at page 15 of the instant application).
It is not a case where the applicant was found unfit for any category of Railway service on medical ground by the Railway Medical Board. On the contrary, he himself applied for voluntary retirement by his letter dated 16.1.2015 on the ground that he was suffering from mental disturbances as he got admitted in Leprosy Hospital at Titagarh and accordingly, his prayer was granted and he was allowed to retire from service voluntarily with effect from 31.3.2015. Considering the above aspects the deponent submits that this application is liable be dismissed.
To refute the averment made in the reply, applicant has filed his rejoinder and reiterates his pleadings in the Original Application.
Heard both sides. Perused the material on record.
Main thrust of the argument of Ld. Counsel for the applicant is that the applicant no. 1, who was the employee of the respondents were having medical illness. Therefore, the applicant opted for voluntary retirement which had been granted and subsequently, the applicant had applied for compassionate appointment in the name of his wife though the applicant, who is otherwise eligible and entitled to get the employment in the name of his legal heirs or his son/daughter. However, the respondent authority had not considered the same.
It is to be noted that the applicant, who had submitted his VRS at the fag end of his retirement and further, according to the reply filed by the respondents, the Applicant no. 1 was fit to be continue till his retirement. However, by giving such a flimsy excuse, had submitted his VRS and the respondents who had acted on the same, had allowed the applicant to retire in voluntary retirement basis and all retiral benefits had been released. Subsequently, the applicant had submitted a request for compassionate appointment in the name of his wife. It had to be noted that the applicant had not supported with any medical invalidation proceedings as he had not been medically invalidated and declared unfit for the category required to be serve on the post where the applicant was serving before the VRS. Further, whenever the employees were submitting their applications for VRS or request for compassionate appointment, minimum 05 year service till balance is needed as per the rule.
Since the applicant had not fulfilled these criteria which would make him eligible to claim compassionate appointment for his legal heirs, we do not find any merit in this matter.
Accordingly, the Original Application is dismissed without any order as to costs.