Vijay Kumar vs Union Of India & Ors.

Delivered by Hon’ble Mr. Rajnish Kumar Rai, Member [Judicial]

Shri S.M. Ali, counsel for the applicant and Shri Amitabh Kumar Sinha, counsel for the respondents are present and heard.

Counsel for the applicant submitted that the applicant was declared medically unfit for the post of Loco Pilot vide Medical Board Report dated 28.11.2018 under the category A-1, A-2, A-3, B-1 and B-2, the applicant was declared medically fit for the post under the category of C-1 with glasses for DV and NV, as per Indian Railway Medical Manual Vol. I. However, the respondents vide impugned order dated 10.04.2026 posted the applicant from TLC/CC to the post of Senior Technician, Jhansi [Level-6]. Counsel for the applicant submitted that after reported for duty on the said post, the competent authority i.e. Deputy Chief Electrical Engineer, North Central Railway (Workshop), Jhansi has returned back the applicant with the observation that in this Electrical department, the post of Senior Technician is under the medical category B-1, therefore, the applicant cannot be posted as Senior Technician in the Electrical department. Subsequently, vide letter dated 25.07.2026 written to Divisional Railway Manager (P), North Central Railway, Jhansi, the Chief Workshop Manager, Jhansi has relieved the applicant along with one other to the office of Divisional Railway Manager (P), North Central Railway, Jhansi. Aggrieved with the action of respondents, the applicant has filed the present O.A.

Counsel for the respondents submitted that vide letter dated 13.07.2026, the respondents have clarified that by mistake the applicant has been sent to the post of Senior Technician, Electrical and the applicant has again sent to the post of Senior Technician, Mechanical.

After considering the submission of counsel for the parties, it appears that vide letter dated 25.07.2026, the Chief Workshop Manager, Jhansi has relieved/returned back the applicant along with one other to the office of Divisional Railway Manager (P), North Central Railway, Jhansi. In such a situation, the O.A. stands disposed of. The impugned order dated 10.04.2026 stands quashed. The matter is remanded back to the respondents with direction to place the matter of applicant before the Screening Committee to re-visit the case of applicant and provide him posting under his medical category i.e. C-1 to any other department where the post is available. The aforesaid direction shall be complied with within a period of 08 weeks from the date of receipt of a certified copy of this Order. All the pending MAs shall be deemed to have been disposed of. No order as to cost.