UNION OF INDIA Vs. MAHESH CHAND

JUDGEMENT

(1.) . This petition is directed against a judgment and order dated 10/07/1998 passed by Central Administrative Tribunal in OA NO. 722/97 whereby and whereunder the Original Application filed by the respondent was allowed.

(2.) . The basic fact of the matter is not in dispute.

(3.) . The respondent was working as Rakshak in the grade of Rs.825-1200. He was medically de-categorised by an order dated 1 2/10/1994. He later on was absorbed as a Parcel Porter in a lower grade being Rs.775-1025 on 4/03/1995 upon having been adjudged suitable by a Committee appointed therefor. A post of Ticket Collector fell vacant. The respondent applied for the said post against promotion quota. He qualified in the written test as also in the interview. However, he was not sent for medical examination. An Original Application was, therefore, filed on an apprehension of the petitioner that he might not have been declared medically de-categorised in terms of Para 573 of the Indian Railway (Medical) Manual. The respondents contended that in terms of the said provision, the petitioner was not entitled to be promoted to the post of Ticket Collector. The relevant provisions are as under: