UNION OF INDIA Vs. P.K.AJITH PRASAD

JUDGEMENT

(1.) The above 3 Original Petitions are interconnected and hence all the 3 cases are disposed by this common judgment. OP(CAT) No.11 of 2020 and OP(CAT) No.19 of 2020 are filed by the respondents in O.A 968 of 2018 and in OA No.81 of 2018 respectively on the file of Central Administrative Tribunal, Ernakulam Bench (for short Tribunal). Respondents in the above Original Petitions are the applicants in the above Original Application. The respondent in OP(CAT) No.11 of 2020 & OP(CAT)No.19 of 2020 is the petitioner in OP(CAT) No.219/2019 which is filed against the order dated 5.8.2019 in MA No.699/2019 in OA No.968/2018 of the Tribunal. [The parties are mentioned in accordance with their rank before the Tribunal].

(2.) The brief facts of the case are like this: The applicant in O.A No. 81 of 2018 was a Station Superintendent at Mahe Railway Station in Palakkad Division of Southern Railway. He met with an accident and he acquired consequent disability w.e.f 11.9.2017. O.A No. 81 of 2018 was filed by the applicant to declare that, the applicant is entitled to be treated as "a person with bench mark disability" and to place on a supernumerary post with all attendant benefit from 11.9.2017 or 10.10.2017 or 8.11.2017 as deemed by the court. The applicant also challenge Annexures-A6, A8 & A9 of the respondents, produced before the Tribunal.

(3.) OA No.968 of 2018 was filed by the same applicant challenging Annexure-A19 charge sheet issued to him on standard form No.5 proposing major penalty against the applicant. The applicant also seek a declaration that, he is disabled and hence entitled to protection of pay and other emoluments in terms of Section 47 of Person with Disabilities Act and Section 24 of the Rights of Person with Disability Act , 2016. He also prayed for issuing appropriate directions to permit the applicant to join duty at Mahe and continued to be employed by providing suitable alternative job as per Disability Rules and screening committee decision. There is a prayer to pay regular monthly salary to the applicant w.e.f 7.11.2017.