UNION OF INDIA 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.) THE case of the respondent is premised on para No.1303 of the Indian Railway Establishment Manual Vol.I which stipulates if an officer cannot be immediately adjusted or absorbed in any suitable alternative post he may be kept on a supernumerary post in the grade in which the concerned employee was working on regular basis pending allocation of an alternative employment for him with the same pay scale and service benefits. It is his case that no alternative post was offered to him and the petitioners have arbitrarily stopped his salary from October 2010. He also pleaded that the post of Shunter involves the duties of driving for which he has already been declared unfit and as such he cannot take any risk. He relied upon Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Disabilities Act for Short) to plead that he was entitled to alternative appointment to a post equivalent to the post of Loco Pilot (Goods) with all service benefits.