GENERAL MANAGER AND ORS Vs. RAVINDRA

JUDGEMENT

(1.) The General Manager, Northern Railway, Baroda House, New Delhi and its functionaries have filed this Writ Petition challenging the order dated January 27, 2012 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) whereby the Tribunal has disposed of the Original Application observing that till such time the petitioners herein identify an alternative post equivalent to the post which the respondent was holding earlier, he shall continue to be kept on supernumerary post and shall be paid salary and allowances as per Rules and further directed to pay the respondent withheld salary and allowances with effect from October 30, 2010 and order dated July 05, 2012 passed in Review Application No.83/2012 in Original Application No.2750/2011, which was dismissed.

(2.) While working on the post of Goods Driver (Loco Pilot Goods), the respondent was medically examined by the Medical Board on June 26, 2010, which declared him unfit in A-one category for running the train as driver. He was declared fit in medical category below A-one for other duties including shunting duties. Accordingly vide order dated July 09, 2010 the petitioners had put the respondent on supernumerary post and directed him to attend his office till he gets an alternative job. He was ultimately recommended for the shunting duties at Railway Stations.

(3.) Vide a representation dated October 29, 2010 the respondent refused to work as Shunter and requested the authorities to give him some other duty. According to the petitioner a reminder was sent vide letter dated December 21, 2010 calling upon the respondent to report for shunting duties. The respondent challenged the letters dated December 21, 2010 and October 08, 2010 by which the Suitability Committee recommended that he shall be utilized for shunting duties by filing Original Application No.2750/2011.