Original Application No. 561 of 2008. Case: 1. Deo Kumar Tiwari, 2. Ranjeet Kumar, 3. Akileswar Kumar, 4. Ajeet Kumar Vs 1. Chief Personnel Officer, South Central Railways, Secunderabad, 2. Divisional Personnel Officer, South Central Railways, Nanded, 3. General Manager, South Central Railway, Secunderabad. Central Administrative Tribunal

Case NumberOriginal Application No. 561 of 2008
CounselK. Siva Reddy, M. C. Jacob
JudgesP. Lakshmana Reddy (Vice Chairman) & R. Santhanam (Administrative Member)
IssueRight to Information Act, 2005; Constitution of India, 1950 - Article 14
Judgement DateFebruary 03, 2009
CourtCentral Administrative Tribunal

Judgment:

P. Lakshmana Reddy (Vice Chairman), (Hyderabad Bench)

  1. Heard Mr. K. Siva Reddy, learned counsel for the applicants and Mr. M.C. Jacob, learned standing counsel for the respondents.

  2. This application is filed by four individuals who have been selected for the post of Asst. Station MasterS (for short 'ASM') by the RRB. The applicants along with 18 others were found medically unfit before being appointed as ASMs. As per the Railway Board's Serial Circular No. 243/99 dated 24.09.1999, the General Managers are authorized to consider request from the candidates empanelled by RRBs but failing in prescribed medical examination, for appointment in alternative technical categories, subject to fulfillment of prescribed medical standards, educational requirement and other eligibility criteria for the same grade post in alternative category and that the decision of the General Manager regarding identification of vacancy in alternative grade, including other relevant factors required to be considered, shall be final. The applicants herein made a request to the General Manager for providing alternative appointment in the same grade post, but the 1st respondent herein i.e. Chief Personnel Officer passed orders on 05.12.2003 under Annexure A-8 wherein it is stated that the applicants and 18 others who are selected for the post of Pro. ASMs in the scale of Rs.4500-7000 by the RRB/SC are found medically unfit for the said post and it is approved by the General Manager to appoint the applicants along with 18 others as Junior Clerk-cum-Typist in the pay scale of Rs.3050-4590/-. Appointments were given to the applicants vide orders dated 28.01.2004 and 03.02.2004 and in pursuance of the appointment orders, the applicants joined the posts of Junior Clerks. On 31.05.2004, the applicants herein along with some others submitted a representation to the General Manager, which is enclosed Annexure A-6 to the O.A, bringing to his notice the instructions of the Railway Board in its letter No.99/E(RRB/25/12, dated 20.08.99, wherein it is stated that the alternative post shall be offered in the same grade, that is Rs.4500-7000 and not in the lower grade. They further stated in the representation that about three other candidates, whose names are mentioned in their representation, were also selected for the post of ASM by RRB and were also medically found unfit to work as ASM, yet they were given alternative posting in the same grade i.e. Rs.4500-7000, whereas the applicants herein were denied appointment in the same grade post and instead, were given only Junior Clerks posts carrying the pay scale of Rs.3050-4590/-. They further requested that they may be given appointment to the same grade post carrying the pay scale of...

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