UNION OF INDIA Vs. VARGHESE THOMAS

JUDGEMENT

(1.) The above original petition is filed by the petitioners- Union of India challenging the order of the Central Administrative Tribunal,Ernakulam, dtd. 28/9/2015 in O.A.No.180/27 of 2015, directing the respondent to treat the period from 14/8/2002 to 12/9/2002 and also from 15/12/2008 to 25/12/2008 as duty.

(2.) The respondent/applicant, who is Crew Controller in Thiruvananthapuram Division, was directed to attend periodical medical examination while working as Senior Loco Pilot (Passenger) on 14/8/2002. During the medical examination, his ailment was detected and was placed under sick list by medical authorities for further management of his illness. He was referred to railway hospital, Perambur, admitted and had undergone pacemaker implantation. He was placed on sick leave for the treatment of his own illness from 14/8/2002 to 12/9/2002 and during further periodical medical examination on 15/12/2008, he was found unfit and he was placed on sick list and the period of absence was from 15/12/2008 to 25/12/2008. The period of absence (both spells) were treated as sick leave and not as duty. Aggrieved by the same, the respondent herein approached the Tribunal.

(3.) The Tribunal, on detailed examination, found that all the medical conditions of the respondent/applicant were detected during his periodical medical examination. With reference to the Indian Railway Medical Manual (for short 'IRMM'), the Tribunal found that as per the provisions of para 524 of IRMM, the respondent is entitled to get the period of absence during the two spells (from 14/8/2002 to 12/9/2002 and from 15/12/2008 to 25/12/2008) treated as duty. The petitioners herein-Union of India and others have approached this Court challenging the above order of the Tribunal.