UNION OF INDIA Vs. TH RATHAN RAJU

JUDGEMENT

(1.) The respondents in all these writ petitions who were working in different posts in the South Central Railway were recommended for absorption in alternative posts on medical decategorisation. Alleging that they are not accommodated in the alternative posts carrying the same scale of pay as provided under Paras 1307 and 1308 of the Indian Railway Establishment Manual (IREM), they filed OA Nos. 152 of 2010, 416 of 2010, 1081 of 2009, 151 of 2010 and 209 of 2010 in the Central Administrative Tribunal, Hyderabad Bench. By separate orders dated 22.3.2012 the Tribunal disposed of the said O.As. with directions to absorb them in compliance with Paras 1307 and 1308 of IREM. The said orders are assailed in these writ petitions filed by the South Central Railway. We have heard Sri C.V. Rajiv Reddy, the learned Counsel appearing for the writ petitioners and Sri K.R.K.V. Prasad, the learned Counsel appearing for the respondents/applicants before the Tribunal.

(2.) Consequent to the enactment of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Paras 1301 to 1315 of Chapter XIII of Indian Railway Establishment Manual have been substituted providing for absorption of medically incapacitated staff in alternative employment in tune with Section 47(1) of the said Act.

(3.) The relevant paras of IREM are extracted hereunder for proper appreciation of the controversy involved: