TEJEN MITRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 23. 2. 2004 passed by a learned Single Judge of this Court in W. P. No. 2524 (W) of 2004 whereby and whereunder the writ petition filed by the appellants/petitioners was dismissed after holding that it was without any merit.

(2.) THE writ petition was filed by these appellants/petitioners challenging the order dated 15. 1. 2004 which was made Annexure - "p 8' therein and which was a letter, of the Commanding Officer of the 8bn/rpsf/crhj addressed to the Chief Medical Superintendent informing him that in terms of the order of the Railway Board dated 07. 11. 03, the appellants/petitioners (hereinafter referred to for the sake of brevity as the appellants) who had been medically decategorized would be directed to the Chief Medical Superintendent of northern Railway Hospital for re-medical examinations with complete case papers including the previous Medical Board's findings.

(3.) THE appellants had also prayed for an order commanding upon the respondents to at least allow the appellant Nos. 2 and 3 to join on the posts of the Junior Clerks pursuant to the order dated 16. 1. 2004 which was marked annexure - 'p5' to the writ petition by reason whereof and in terms of the memorandum dated 8. 1. 2004 issued by the D RM (P)/kgp, these two appellants who had also been decategorised were absorbed on the alternative posts of junior Clerks.