Tribunals and CommissionsSingle Bench(2019) 09 CAT CK 0072

Sudhir Kumar vs Director Of Education And Ors

Central Administrative Tribunal · Decided on 25 September 2019

HON’BLE JUDGES
Pradeep Kumar, Member (A)
RESULT
Dismissed
CASE NUMBER
Review Application No. 172 Of 2019, Original Application No. 4467 Of 2017

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Judgment

8 paragraphs · 310 words

The applicant herein claims to be a visually handicapped employee who was initially sanctioned Transport Allowance (TA) at double the normal rates sometimes in September, 2016. Subsequently, said disability certificate came into question and the TA was reduced to normal rate. Feeling aggrieved, above OA was filed, which was dismissed vide orders dated 18.07.2019.

2.

The applicant had preferred RA-172/2019 seeking review of these orders dated 18.07.2019. No new point has been raised in the RA except one at serial no.13, which reads as under:

"That applicant was also issued a special handicapped ID Card by the Executive Magistrate Tehsildar Narela 29.02.2012 Enclosed-Annexure-A Page 17/17A".

This certificate is claimed to have been attached to the RA. However, it is actually not enclosed.

3.

The matter has, however, been considered. This certificate was issued on 29.02.2012 as claimed by the applicant. Discontinuation of TA at double the normal rates took place in September, 2016 after the re-medical examination was ordered subsequent to receipt of the complaints. Accordingly, this certificate of February, 2012 is of no relevance in the instant matter.

4.

There is no other apparent error on the face of Tribunal's order dated 18.07.2019 which is sought to be reviewed. Accordingly the RA stands dismissed.

5.

It is, however, noticed that the respondents had requested the Medical Superintendent, GNEC Hospital for are-medical examination. The said hospital vide their letter dated 05.08.2019 have advised that "if any second opinion is required in this matter, the candidate should be referred to other medical board from some other institute."

Accordingly, respondents are directed to send the applicant to some other hospital, e.g., All India Institute of Medical Sciences or Dr. Ram Manohar Lohia Hospital or Safdarjung Hospital etc. for re-medical examination, duly advising the background of the case and need for re-medical examination. The judgment dated 18.07.2019 given in the OA, stands unchanged.