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Judgment
Per: Mr. Braj Mohan Agrawal, Administrative Member
The applicant is a medically decategorized Pointsman A in Level-2 of the pay matrix in the Traffic/Operating Department of Southern Railway , Thiruvananthapuram Division. The applicant is aggrieved by the orders by which he has been granted an alternate appointment to a post, lower in rank i.e. General Assistant (erstwhile Peon), contrary to the provisins of Section 20 of the Right of Persons with Disabilities Act, 2016 (PWD Act) and also Railway Board orders on the subject.
The applicant submits that Annexures A-1 and A-2, to the extent, they reduce applicant's rank and posting him as General Assistant, which carries the scale of pay in Level-I of Pay matrix is ultravires Section 20 of the PWD Act, 2016 and para 1301, 1305, and 1306 of Chapter XIII of IREM Vol.I and hence violative of the Constitutional guarantees enshrined in Articles 14, 16 and 21.
As per the applicant, he commenced his service as a Pointsman B on 07.09.2012 in GP – Rs.1800/-, PB-1 and was later promoted as Pointsman A in Level-2 of the Pay matrix on regular basis and the applicant was holding the said post. Pointsman A has the erstwhile PB-1 +GP Rs.1900/-, equivalent to the post of Lower Division Clerk. While so, in the month of February-March, 2022 the applicant was laid up due to severe heart diseases and after treatment, the Standing Medical Board constituted at the Railway Hospital, Pettah, Thiruvananthapuram on 21.04.2022 after examining found him unfit in Aye Two category as Pointsman A and fit for Alternate Employment on Medical Ground (AEMG) in Bee One and below category in jobs not involving work in tracks, train running and train passing duties (Annexure A-4).
Subsequently, by Memorandum bearing No.V/P.II/XII/AEMG/Vol-4 dated 09.06.2022 (Annexure A-6), the applicant was proposed to be absorbed as Assistant Works in Engineering Department (earlier designation Helper, still earlier-Khalasi) (Annexure-A6). Annexure-A6 was contrary to the provisions of Section 20 of the PWD Act, 2016 and the same was also opposed to Chapter XIII of the Indian Railway Establishment Manual, Vol.I. Therefore, the applicant submitted a representation dated 13.06.2022 (Annexure-A7) addressed to the 3rd respondent-Divisional Personnel Officer requesting that he may be given a posting in the Operating Branch as Train Clerk or suitable post in the Divisional Ofice/Thiruvananthapuram itself (the scale of pay attached to the post of Train Clerk is Level-2 of the pay matrix)(Annexure A-7).
The representation of the applicant was rejected by Annexure-A8 order dated 28.06.2022. The applicant made further representations Annexure-A9 and A-10 dated 18.07.2022 and 27.08.2022 respectively, specifically stating that the post of General Assistant carry only Level-1 and he may be given posting carrying level-II of the pay matrix. The applicant was relieved vide Annexure-A11 dated 10.09.2022 to take up the posting as General Assistant in operating branch. The applicant made another representation, Annexure-A12 dated 03.11.2022 to consider him for Train Clerk on adhoc basis and depending on his performance to be absorbed as Train Clerk or any clerical cadre, if found suitable after passing the prescribed selection tests/training, followed up by Annexure-A13 representation dated 04.01.2023, which was rejected by Annexure A-14 order dated 15.02.2023, stating that on the recommendations of the Screening Committee a suitable alternative post as General Assistant in Pay Matrix Level-1 under the operating branch, protecting his existing pay including Pay Matrix Level-2, service and seniority in the new post as per provisions of Chapter-13, para -1308 to 1310 of IREM Vol.-I has been allotted to him. There is no alternative post available other than the post already allotted and once absorbed, no change in posting is possible.
Aggrieved by Annexures A-1, A-2 and A-14 orders, the applicant filed the Original Application and sought the following reliefs:-
(i)Call for the records leading to the issue of Annexures A-1, A-2 and A-14 and quash the same to the extent they relate to the applicant
(ii)Call for the records leading to the issue of Annexure A-3 and quash the same to the extent it proposes to fill one vacancy of Junior Clerk cum Typist in Level 2 of the Pay Matrix in the Operating Department, without considering the applicant for absorption against the said post
(iii)Declare that the non-feasance on the part of the respondents to consider the applicant for absorption against the post of Junior Clerk-cum Typist or in any other post carrying the same scale of pay in level-2 of the Pay Matrix is arbitrary, discriminatory and unconstitutional
(iv)Direct the respondents to consider and absorb the applicant as Junior Clerk cum Typist in the Operating Department, in Level-2 of the Pay Matrix or in any other equivalent post, within a time frame as may be found just and proper will all consequential benefits emanating therefrom
The respondents in their reply statement submit that the applicant was called for the screening to be conducted on 01.06.2022 for alternative employment on Medical Grounds (Ann.A5). Based on the recommendations of the committee and after holistic consideration of his medical fitness and the requirements of administration, Ann.A6 order dated 09.06.2022 was issued, absorbing the applicant in the post of Assistant Works in Engineering Department.
The applicant submitted a representation dated 18.07.2022 (Ann.A9), requesting to post him as Junior Clerk or as Office Assistant. Accordingly, the applicant was called again for the screening to be conducted on 04.08.2022 for alternative employment on Medical Grounds. Based on the same, Ann.Al order dated 19.08.2022 was issued absorbing the applicant in the post of General Assistant in Operating Department.
Rebutting the contention of the applicant, the respondent submitt that as per Annexure-A3 notification dated 16.12.2022 for filing up the vacancy of junior Clerk in Pay Matrix Level-1 under LDCE quota, the applicant applied for the above selection, appeared in the written examination, which was conducted on 29.05.2023. But he failed to qualify the written examination. Thereafter, the applicant again applied against the notification dated 08.07.2023 for filling up the vacancy of Junior Clerk in Pay Matrix, Level-2 against Departmental Promotion quota in which also he failed to qualify in the written examination.
Considering the provisions contained in paras 1304, 1308 to 1310 (Chapter XIII, IREM Vol.I) , the alternative posting of the applicant on medical grounds as General Assistant in Operating Department is correct and is not liable to be interfered with.
We heard Mr. Vipin Varghese representing Mr. T.C. Govindaswamy, learned counsel for the applicant and Ms. Thanuja Roshan George, learned counsel for the Respondents. Perused the records.
This Tribunal had earlier examined an identical case in OA No. 137/2024 and disposed of on 05.08.2026. The relevant findings in that OA are reproduced below:-
“13.Though the learned counsel for the applicant vehemently relied on the PWD Act, 1995 and 2016, we do not propose to go into the question of applicability of the Act in relation to medically decategorized persons, since IREM itself has taken care of the cases of medically decategorized persons.
15.In this regard the crucial question is in relation to the alternate employment to be offered to the applicant as contemplated under the various provisions of IREM. It is also pertinent to note that by virtue of Annexure A1, the applicant is offered an alternate employment which does not carry the same pay. Clause (5) of Annexure A1 further states that the applicant along with others are absorbed into the new unit under alternative employment on medical grounds on bottom seniority. He loses his seniority also accordingly. In this regard, it is essential to refer to the relevant provisions of IREM, a copy of which was produced as Annexure A11. Chapter XIII deals with the absorption of disabled/medically decategorized staff in alternative employment. Paragraph 1301 provides as follows:
“1301. A Railway servant who fails in a vision test or otherwise by virtue of disability acquired during service becomes physically incapable of performing the duties of the post which he occupies should not be dispensed with or reduced in rank, but should be shifted to some other post with the same pay scale and service benefits.” (emphasis supplied)
16.Paragraph 1302 deals with classification of Railway servants who are declared medically unfit. The first category is those who are completely disabled for further service in any post in the Railway and secondly those who are disabled/incapacitated for further service in the post they are holding, but declared fit in a lower medical category and eligible for retention in service in posts corresponding to this lower medical category. Paragraph 1304 provides that disabled medically decategorized staff shall be absorbed in a post which they can adequately fill. Elaborate procedure for identifying the posts for employment of medically handicapped persons, creation of supernumerary posts, steps to be taken for finding alternative employment and other details are provided in the various paragraphs that follow it.
As mentioned earlier, paragraph 1301 specifically states that the applicant should be shifted to some other posts “with the same pay scale and service benefits”. In this regard Annexure A1 suffers from two vitiating factors. Firstly, that he has not been offered an alternative job with the same pay scale and service benefits. Though the learned counsel for the respondents contended that his pay will be protected, the specific provisions in the Rules should be strictly complied.
A recapitulation of the entire facts mentioned earlier clearly shows that the applicant has not been accommodated in accordance with the relevant provisions of the IREM. To that extent Annexure A1 in so far as posting the applicant to a post lower than the post held by him is liable to be quashed. Accordingly, Annexure A1 is quashed to the above limited extent. The respondents are directed to pass appropriate orders appointing the applicant on an alternative post with the same pay scale and service benefits as that of the post held at the time of medical de-categorization. The orders shall be passed as expeditiously as possible at any rate within a period of two months from the date of receipt of a copy of this order. The interim order granted by this Tribunal will continue till appropriate orders are passed by the competent authority as per this order. MA 869/25 closed.
Thereafter, another OA dealing with similar matter was finalized by this Tribunal in OA No.67/2022 on 07.08.2026 and the railway administration was directed to offer the applicant therein a post which carries the same pay scale and service benefits as stipulated in paragraph 1301 of IREM.
Having failed in written examination for the post of Junior Clerk cum Typist against LDCE quota (Annexure A-3), the applicant cannot lay any claim for this post. The rules provide for appointment to some other suitable post only with the same pay scale and service benefits. Therefore, MA No.642/2026 stands closed.
In the factual matrix of the case, our findings in OA No.137/2024 decided on 05.08.2026 are squarely applicable in the instant case. Therefore, we quash Annexures-A1, A-2 order in respect of the applicant and Annexure-A14 and direct the respondents to pass appropriate orders appointing the applicant on an alternative post with the same pay scale and service benefits as that of the post he held at the time of medical de-categorisation. The orders shall be passed as expeditiously as possible at any rate within a period of two months from the date of receipt of a copy of this order.
The Original Application is allowed to the above extent. No order as to costs.