Sri Jayanta Acharjee vs Union Of India & Ors.

ORDER

“8.1

To set-aside and quash the impugned Order No E/283/LMG/EQ/2025/Pt.I, dated 21.04.2025, issued by the Assistant Personnel Officer (II), Lumding, whereby, the applicant was directed to report to the concerned SSE/P-Way immediately, in order to resume duties as assigned according to medical fitness.

8.2

To direct the Respondents, mainly Respondent No 3 & 4 to retain him in the post of Junior Clerk as offered vide order No E/1/2/LM(Q)/Pt.III-2023, dated 16.09.24, issued by the Respondent No 4 and to extend the benefit attached with such post from the date applicant was declared medically unfit by the Competent Medical Board.

8.3

To declare re-medical examination of the applicant as illegal as the same was conducted in violation of Rule 1301 of the IREM.

8.4

Any other relief(s) that may be deemed fit and proper by this Hon'ble Tribunal in the interest of justice.

8.5

Costs of the Application.”

That the applicant while working as Track Maintainer-III(Mate) has initially developed back pain during his course of employment and in the year 2019, he reported sick for same. Thereafter, he was treated in Divisional Hospital of Railways at Lumding and also referred to the various Medical Establishments of Railways and in those recommended/approved by Railways for treatment. But there was no improvement in his medical condition even after treatment and case of the applicant was detected to be a case of "LBA & Neurological Claudication due to PIDV L5-S1 with degenerative end plate change.

That owing to unchanged medical condition, the Chief Medical Superintendent, Lumding, (CMS/LMG, in short) has explored the possibility of finding a post with light duty to accommodate the applicant in terms of Rule 561(A)(2) of the Indian Railway Medical Manual (IRMM, in short) by writing letter dated 10.02.2020 to the Cadre Controlling Officer of the Applicant i.e. SSE/P.Way/P/LMG. In response to the said letter, the SSE/P.Way/P/LMG vide letter dated 19.02.2020, has informed the CMS/LMG that there was no light duty in the category of Mate and for light duty designation requires to be changed. Accordingly, following the mandate of Rule 561(A) (4) of the IRMM (Indian Railway Medical Manual), the applicant was immediately put in the Sick List due to non-availability of post with light duty to accommodate him in his parent cadre. Later, owing to unchanged medical condition even after expiry of 6 months in Sick List, the CMS/LMG has placed the case of the applicant to the Medical Board as per the procedure incorporated in the Rule 561(A) (4) of the IRMM. Subsequently, after careful consideration of his case with proper investigation at Central Hospital N.F. Railway, Maligaon and HAAM Hospital Hojai, the Divisional Medical Committee held on 28.10.2020 and recommended the case of the applicant for alternative job in the same category i.e. Aye Three (A/3).

That, upon declared Medically Unfit by the Divisional Medical Committee of the Divisional Railway Hospital, Lumding, the respondents have considered the case of the applicant for Alternative Appointment following mandate of Chapter X of the IREM (Indian Railway Establishment Manual) which detailed the procedure to be followed by the Railways for Absorption of disabled/medically de-categorized staff in Alternative Employment. It is worthwhile to mention here that Paragraph/Rule 1301 of IREM speaks about the procedure to be adopted in cases of Railway Servants who fails in vision test or otherwise by virtue of disability acquired during service becomes physically incapable of performing the duties of the post which he occupies. Paragraph/Rule 1302 of the IREM classifies such sick/medically de-categorized persons in to 2 (Two) groups. Paragraph/Rule 1303 of IREM describes the action to be taken for alternative employment.

It is stated that from the report of the DMC held on 28.10.2020, it is clear that the case of the applicant falls under Category 1302(ii) of the IREM. Hence, his case was considered as per the procedure prescribed/detailed in Paragraph/Rule 1303 of the IREM for alternative employment. It is stated that the Paragraph/Rule 1303 of IREM Mandates that the Railway Servants falls within the Group (i) & (ii) mentioned in Paragraph/Rule 1302, ceases to perform the duties of posts they are holding from the date they are declared medically unfit for the present post. Said Rule further debarred the officials from assign/permit such Railway servant concerned to perform the duties in the post beyond such date. If such Railway Servant cannot be adjusted immediately in an alternative employment, they may be kept even by creating supernumerary post. In the instant case, the applicant was declared unfit to perform the job of Track-maintainer w.e.f. 28.10.2020 and as such, he automatically ceases to perform the duties of Track-Maintainer w.e.f. 28.10.2020 under any circumstances as per mandated by Rule 1303 of IREM. As such, immediately upon receipt of the recommendation of the Divisional Medical Committee, the Controlling Officer of the applicant (i.e. SSE/P.Way/P/LMG) on 05.11.2020 had relieved him from the duties of the Track Maintainer (Mate) and he was temporarily posted under the disposal of the Personnel Department. Such arrangement was temporary in nature and was made till his alternative employment. It is worthwhile to mention here that the SSE/P.Way/P/LMG has earlier vide letter dated 19.02.2020 had clarified that there is no post with light duty under SSE/P.Way/P/LMG in order to provide light duty to the applicant. The applicant has narrated this fact in Para 4.11 of the O.A. and admitted by the Respondents in Para 17 of the Written Statement. In Personnel Department, the service of the applicant was utilized in various works. He was mainly allotted the duties as Bill Clerk.

That while working in Personnel Department, Respondents have considered the case of the applicant for alternative employment following the dictum of Rule 1303 & 1304 of the IREM and vide Office Order No E/1/2/LM(Q)Pt. VIII, dated 28.12.21 (Annexure-A12, Page 55 of the O.A.) applicant was asked to join his alternative posting as Tech-II/Carpenter/Engg/Works/LMG. Said posting was offered on permanent basis by way of alternative employment as the applicant was declared unfit for his original post by the competent DMC. It was also mentioned in the said order that "Also the above employees are suggested that they can apply for category change after joining their respective posts and if any problem faced while performing their duty".

That the applicant had availed the option and prayed for change of category. Accordingly, respondent no 4 vide Office Order dated 16.09.2024 had revised the case of the applicant who was posted as Carpenter and had offered him the post of Junior Clerk in Personnel Department. It is stated that such posting was neither temporary nor stop gap arrangement, rather, was offered as an Alternative Employment following the dictum of Rule 1301 to 1304 of the IREM as the applicant was declared Medically Unfit to work as Track Maintainer. Such posting was permanent in nature as same was offered as Alternative Employment to unfit Railway Servant following the procedure prescribed in Rule 1301 to 1304 of the IREM. The applicant immediately joined his posting as Junior Clerk in Personnel Department and as such, he becomes a member of the cadre of Personnel Department.

That while serving in the Personnel Department as Junior Clerk, the Respondent No 4 vide impugned letter dated 21.02.25, the applicant was spared and was directed to attend re-medical examination in order to determine whether light-duty job is recommended or not. The applicant being a disciplined Railway Servant and in order to avoid insubordination, had appeared before the DMC for Re-Medical Examination. Thereafter, on the strength of the recommendations made by the DMC, the Respondent No 4 vide impugned letter dated 21.04.2025 had relieved the applicant from the post of Junior Clerk with further direction of report to his earlier cadre of Track Maintainer under SSE/P.Way/P/LMG for further duties. It was mentioned in the said order that impugned order was issued in view of applicant's Unchanged Medical Category.

That the order for re-medical examination in order to ascertain requirement of further light duty and subsequent sparing order dated 21.04.2025 are illegal and liable to be set aside and quashed.