UNION OF INDIA Vs. SHYMON S.

JUDGEMENT

(1.) This Original Petition has been filed by the Union of India (in the Department of Railways) and its officers challenging the order dated 15.11.2016 in O.A.No.180/232/2016 on the file of the Central Administrative Tribunal Ernakulam Bench.

(2.) The brief facts are that the Railways had issued a notification calling for applications for filling up various categories of posts. The notification is on record as Annexure R-1 along with the reply statement filed before the Tribunal. The notification prescribed medical standards for each category of posts. The respondent/ applicant before the Tribunal was found unfit upon medical examination. The medical examination report is on record as Annexure-R4 along with the reply statement filed by the present petitioners before the Tribunal.

(3.) On 14.12.2015, the respondent/applicant submitted a letter which is on record as Annexure-A4 along with the Original Application filed by the respondent/applicant stating that his medical categorization was on account of a minor defect in his eyesight for which he had undergone treatment following which his eyesight is normal and requesting for a fresh medical examination. He produced therewith a medical certificate to show that the problem noticed on examination by officers of the Railways no longer subsists. He prayed that his candidature may be accepted after affording to him an opportunity to undergo a fresh medical examination. That request was not considered. He, therefore, approached the Tribunal and filed O.A.No.180/323/2016. The Tribunal allowed the Original Application and directed the Railways to conduct a fresh medical examination of the respondent/applicant to determine whether he has the required medical classification to obtain appointment. That order is under challenge before us.