O. A. No. 590 of 2003. Case: 1. K. K. Surendran, Travelling Ticket Examiner/Sleeper, Southern Railway /Palghat Division, 2. Sobha Surendran, Travelling Ticket Examiner/Sleeper, Southern Railway/Palghat Division, 3. S. Aravind, 4. S. Akshara Vs 1. Union of India, General Manager, Southern Railway, Chennai, 2. Divisional Railway Manager, Southern Railway, Palghat, 3. Divisional Personnel Officer, Southern Railway, Palghat. Central Administrative Tribunal
| Case Number | O. A. No. 590 of 2003 |
| Counsel | T. C. G. Swamy, Sunil Jose |
| Judges | Dr. K. B. S. Rajan (Judicial Member) & K. George Joseph (Administrative Member) |
| Issue | Central Administrative Tribunal (Procedure) Rules, 1987 - Rules 24 |
| Judgement Date | July 14, 2009 |
| Court | Central Administrative Tribunal |
Judgment:
Dr. K. B. S. Rajan (Judicial Member), (Ernakulam Bench)
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This case was originally disposed of by order dated 9th January 2006 whereby the OA was allowed. However, when the respondents had taken up the case with the High Court, vide CWP No. 10983/2006, the High Court remanded the matter back to the Tribunal, directing that the case has to be considered in accordance with the provisions paragraphs 1301 to 1315 of the Railway Establishment Manual which were in force at the relevant time. Hence, the case has been re-heard.
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As the applicant to the OA expired on 18th March 2008, the legal heirs were substituted at the High Court itself. However, for the purpose of reference, the term applicant would mean the original applicant.
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The brief facts are as hereinafter. The applicant was initially employed as a Group D employee in 1980 and later on promoted as a Ticket Collector in 1986 followed by another promotion as Goods Guard in the scale of Rs 1200 - 2040. This post belongs to 'running cadre' and has the medical standard of 'Aye Two'.
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Sometimes in 1991, when the applicant was in sick list, the medical authorities had opined as under:
"He has been examined by me today. He is being discharged from sick list; fit for duty. But due to the nature of his sickness, he cannot do any strenuous type of job. Therefore, it is recommended that he may be given a job not involving heavy manual labour" (Annexure R-2 letter dated 28-10-1991) refers."
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The above communication was followed by another communication from the medical authorities vide Annexure R-3 letter dated 19-11-1991, which reads as under:
As already advised in this office letter of even No. dated 28-10-91, the above employee may be given a job not involving strenuous type of duties and heavy manual labour. Medical decategorisation is not necessary in such cases.
If his parent department does not have a suitable job for him, it is for the personnel branch to provide him with alternate job in any category in Aye two and below.
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On the advice of the medical authorities, the Divisional Office, Personnel Branch, Palghat had, vide Annexure A-8 order dated 02-12-1991 advised the applicant to inform the respondents whether the applicant would be capable of doing job like Ticket Collector(TC), Trains Clerk (TNC) etc., and have also called for the educational qualifications. Accordingly, the applicant exercised his choice of Ticket Collector ( as he was earlier functioning in that capacity; see Annexure R-1). Thus, the applicant was given the alternate appointment of Travelling Ticket Examiner in the scale of Rs 1200 - 2040 and the applicant had accepted the same. His pay was fixed in terms of Rule 1313 of IREM. In 1998 the applicant had preferred a representation to afford him any appointment carrying a scale of pay of Rs 1400 - 2300. However, there was no response to the same. It was in December 2001 that the applicant could come across another case of a Goods Guard (Shri K.D. Joseph), medically decategorized in the scale of Rs 4, 500 - 7000, having been granted an alternative appointment in a post carrying a scale of pay of Rs 5500 - 9000. On the strength of the above, the applicant penned a representation in March 2002 and September 2002. However, to his shock and dismay, he received annexure A-4...
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