LAWS(MAD)-2016-10-81

THE GENERAL MANAGER, UNION OF INDIA, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN, CHENNAI 600 003 Vs. THE REGISTRAR, CENTRAL ADMINISTRATIVE TRIBUNAL, MADRAS BENCH, CHENNAI 600 104

Decided On October 18, 2016
The General Manager, Union Of India, Southern Railway, Headquarters Office, Park Town, Chennai 600 003 Appellant
V/S
The Registrar, Central Administrative Tribunal, Madras Bench, Chennai 600 104 Respondents

JUDGEMENT

(1.) Challenge in this writ petition is to the order, made in O.A. No.666 of 2013, dated 24.03.2016, of the Central Administrative Tribunal, Madras Bench, directing the petitioners herein, to re-consider the matter, by subjecting the 2nd respondent, to be examined by a team of three doctors, within a time frame, for selection to the post of Trackman.

(2.) Assailing the correctness of the order made in O.A. No. 666 of 2013, dated 24.03.2016, Mr. P.T. Ramkumar, learned counsel for the petitioners submitted that the Central Administrative Tribunal, Madras bench, has erred in directing the petitioners to re-consider the matter, by subjecting the 2nd respondent, for third medical examination, by a team of three doctors, when he had already been found as medically unfit, by the competent Railway Medical Officer, during the initial medical examination, as well as in the further re-medical examination, conducted on 18.01.2012 and 12.06.2012 respectively.

(3.) Inviting the attention of this Court to the procedure followed for recruitment, to Group 'C' or Group 'D' services, in Railways, learned counsel for the petitioners submitted that as per Paragraph 511 of the Indian Railways Medical Manual (IRMM), whenever a candidate is subjected for medical examination, the Medical Examiners would use their own discretion, as to the scope of the general physical examination in each case and will judge cases on their merits, taking into consideration the prospective duties of the examinee, as also the age of the examinee and need for continued fitness for the remaining years of service.