SHAKILAHMED Vs. WESTERN RAILWAY

JUDGEMENT

(1.) Heard learned advocates for the respective parties. Perused the record.

(2.) By way of this petition, under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dtd. 13/10/2020, by which, the Principal Chief Security Commissioner, Railway Protection Force / Western Railway, Churchgate, Mumbai refused the request of the Divisional Office, Ahmedabad to repatriate the petitioner to the RPF department.

(3.) The facts in brief would indicate that the petitioner was appointed in the year 1998 as RPF constable. In the year 2013, the petitioner was medically decategorized in view of he being declared as unfit by virtue of a certificate of the Medical Department indicating that the petitioner was unfit for duties on his original post. The certificate indicated that the petitioner was fit for job not involving lifting weight etc. Based on the certificate, the petitioner was posted to the Commercial Department of the Railways. He was posted in the year 2013.