RAJENDRA SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) Petitioner filed an Original Application No.951 of 2013 before the Central Administrative Tribunal, Jabalpur Bench, Circuit Sitting at Bilaspur (hereinafter referred to as 'CAT'). He sought a direction upon the Respondent-Railway authorities to consider his case for grant of alternative job in the light of the circulars of the Railway Board, since on medical examination after due selection, the Doctors did not find him fully fit medically to undertake heavy manual work. The CAT Bench dismissed the Original Application vide order dated 18.12.2015 and therefore, the writ application.

(3.) Petitioner was offered appointment on a Group "D" post vide letter dated 12.04.2012. He was medically examined and was found unfit. A re-medical examination was held in which again disability to the extent of 2% was found and the Medical Board opined that he could be fit for a job but not involving heavy manual work. Since the disability pointed out by the Medical Board did not make the Petitioner eligible for appointment on the Group "D" post, he filed a representation on 24.09.2012 for a suitable adjustment or appointment on a post where heavy manual work was not required to be done. In this regard, the Petitioner relied upon some earlier circulars of the Railway Board which were in existence since the year 1999 onwards. Some of those circulars were brought before the CAT Bench in support of such a direction, for alternative employment.