RABI KANARY Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition has been preferred challenging an order dated 13th July, 2001 passed by the learned Tribunal in OA No. 741 of 2000.

(2.) Mr. Bose, learned advocate appearing for the petitioners submits that the father of the petitioner No. 1 expired on 29th Jan., 1989 while working as a Safaiwala under South Eastern Railway. Responding to an application for grant of compassionate appointment, the railway authorities asked the petitioner No. 1 to appear for a medical examination. Subsequent thereto, by a letter dated 17th Sept., 1997, the respondent No. 6 intimated the petitioner No. 1 that upon medical examination he has been declared unfit and that as such it was not possible to give him appointment in railway service as per extant rule. Thereafter the petitioner No. 1 got himself medically examined by one Dr. R.S. Majumder, a retired Chief Medical Officer, Chief Cardiologist, South Eastern Railway, Metro Railway, Calcutta, who upon examining the petitioner issued a fit certificate recording that it was within his knowledge that the petitioner No. 1 had already been declared unfit for a post of B & below category by the Railway Medical Officer. On the basis of the said certificate, the petitioner No. 1 submitted an application for re-medical examination. Such prayer was refused by the respondents by a letter dated 4th May, 1998. Challenging the same the petitioners approached the learned Tribunal and by an order dated 24th Aug., 1999, the learned Tribunal disposed of the original application being O.A. No. 541 of 1999 with a direction upon the respondent authorities to re-consider the prayer for re-medical examination as per the relevant rules. Pursuant to the said order, the Railway Medical Officers conducted a re-medical examination of the petitioner No. 1 and he was asked to obtain report of drug assay of Enalipril since he had a history of hypertension and as he was taking the drug Enalipril and that such examination was required to assess the present blood level. Such fact would be explicit from the letter at page 29 of the writ petition addressed by the respondent No. 5 to the pathologist, Ranbaxy/Trivedi & Roy/Wochkard/Medinova/Nightangle.

(3.) Mr. Bose submits that the petitioner No. 1 duly contacted all the pathologists as referred to in the said letter of the respondent No. 5 and it was ascertained that such blood examination facility is not available in their respective laboratories. After such fact was intimated by the petitioner No. 1, the respondents did not press for such blood assay examination any further and by a letter dated 20th Jan., 2000 it was intimated that the respondent No. 3 has accepted the opinion of the medical board that the petitioner No. 1 is unfit for all categories in the Indian Railway Service due to hypertension. Challenging the said order the petitioners preferred an original application being OA No. 741 of 2000 and the same was rejected by the order impugned in the present writ petition.