A.PITCHAI Vs. SOUTHERN RAILWAY

JUDGEMENT

(1.) The petitioner has filed this writ petition challenging the proceedings dated 30.06.2006 passed by the first respondent, seeking to quash the same and to consequently direct the respondents to promote the petitioner as Senior Clerk in the pay scale of Rs. 4500- 7000 with financial upgradation as and when it was due, with all benefits including the hospital leave of 204 days to the leave account and pay the salary for the same to the petitioner.

(2.) The case of the petitioner is that he joined the services of the Railway Protection Force, which is a para-military force on 10.11.1980 and he was confirmed in service on 06.08.1981 as Rakshak after completing the training period. In the year 1994, the petitioner was promoted to the post of Naik. While he was on duty on 09.09.1996, he sustained injury in his right eye due to spilling of cement article while checking the cement loads and he lost his vision. The first respondent de-categorised the petitioner medically and declared him as 'medically unfit' for the post of Naik, in which post he was drawing a pay scale of Rs. 3050/- Rs. 4590/-.

(3.) The petitioner further states that since he was declared as 'medically unfit' for the post of Naik, he was absorbed in an alternate cadre as Lascar in the pay scale of Rs. 750/- Rs. 940/-. Hence, the petitioner gave a representation on 06.11.1997 seeking to provide an alternate appointment in the same scale of pay in which he was declared as 'medically unfit'. Thereafter, the petitioner was posted as Peon in the pay scale of Rs. 2550/- Rs. 3200/- and posted to Senior DEE/O/MAS and subsequently, on 20.11.1998, the petitioner was absorbed as Records Sorter in the pay scale of Rs. 2650/- Rs. 4000/-.