V. NARAYANAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was initially engaged as a Casual Labourer on 02.01.1975 at Salt Cotaurs. Thereafter, he was promoted as a substitute Khalasi in the scale of pay of Rs. 196 -232. In the year 1985, he was promoted as a Line Man. A further promotion was given to him in the year 1988 as Line Man -II. While he was working in the said capacity, he met with an accident.

(2.) AS the petitioner was declared medically unfit, he was offered an alternative appointment as Crew Booking Clerk. The said appointment was not given effect to as the offer was made without conducting a screening as mandated in para 1306 of the Indian Railway Establishment Manual. Thereafter, by following the procedure, a recommendation was made providing alternative employment to the petitioner in a Group -D post. Accordingly, he was offered an alternative employment as a Compound Gangman as per the recommendation of the Screening Committee. He was absorbed as Mali with effect from 09.02.1996 and he was working in the said capacity till he attained the age of superannuation i.e., on 30.06.2010 with due pay protection.

(3.) THE learned counsel appearing for the petitioner submitted that the fact the petitioner was incapacitated while in service is not in dispute. The attainment of age of superannuation happened after the request made by the petitioner and therefore, the same cannot be put against him. The letter of the Railway Board is dated 14.06.2006. Therefore, the petitioner cannot be non -suited on the ground of not having five years of service. Therefore, the writ petition will have to be allowed.