UNION OF INDIA Vs. JALAJAMOLE G. R.

JUDGEMENT

(1.) Present Original Petition is filed against the order of Tribunal dtd. 4/4/2024 in O.A No.259 of 2023, whereby the claim of the respondent/applicant to consider the period she rendered as Helper with effect from 20/6/2013 till attainment of disability, de-categorization and absorption in the department of House Keeping, for the purpose of appointment on promotion as Junior Clerk in the Medical Department through limited departmental competitive examination, has been allowed noticing that the 6th respondent was junior to the applicant.

(2.) Facts in brief for adjudication of the lis are enumerated herein below;

(3.) The aforementioned action gave a cause of action to respondent No.1/applicant to knock the doors of the Tribunal vide O.A aforementioned. Before the Central Administrative Tribunal, the applicant relied upon Paragraph 1309 of Indian Railways Establishment Manual (IREM), Annexure A3, which envisages that a disabled/medically decategorised Railway servant absorbed in an alternative post, will, for all purposes, have his/her past service treated as continuous with that in the alternative post. Similarly, reliance was also placed to paragraph 1310 of the aforementioned Manual which envisages the fixation of seniority of the disabled/ medically decategorised staff absorbed in the alternative post.