(1.) Heard the parties. The present writ petition is directed against the order dated 6-1-2012 passed by the Central Administrative Tribunal, Patna Bench, Patna in O.A. No. 591 of 2005, by which the application filed by the petitioner has been dismissed. The petitioner had sought his appointment in Class IV in the Railways having been selected in the written examination. He was denied the same on medical ground. The facts are not in dispute.
(2.) The petitioner was a substitute Khalasi having been selected in 1984, and was working as such in the Railway Workshop at Samastipur. He worked up to 1990. In 1990 he was asked to appear in the examination for being absorbed as Class IV regular employee. He appeared in the examination and qualified. But, he then was medically examined and he was certified in medical category C-1, and thus found medically unfit. He appealed. He was sent to Gorakhpur for medical examination. We do not find anything on record as to what happened, but later in 1993 the Chief Medical Superintendent gave a report that he was medically unfit again. The petitioner found that another similarly situated person, namely, Laloo was confirmed in service in spite of such medical certification. It appears that pursuant to representation, the petitioner was then referred to the South Eastern Railway Speciality Hospital at Perambur, Madras. On 13-10-1995 he having been examined by Experts, was certified fit for employment in Railway with no cardiac abnormality. The certificate was granted by Dr. H.S. Somanath, D.M. (Cardio), Senior Cardiologist of the said Hospital. The report is Annexure-6 to the writ petition. When the petitioner returned to Samastipur with this clear finding of the Expert Body of the Railway itself, it appears that the Chief Medical Superintendent, Railwlay, Samastipur, apparently could not reconcile to the expert opinion. Instead of proceeding or allowing the Railway to proceed with the appointment, he wrote to the General Manager (Medical) requesting for guidance. The reply of the General Manager is Annexure-7, which is quoted here-in-under: "S. Railway Hospital/Perambur have given a clear opinion, so what valuable guidance is solicited? The letter seems to be an exercise in shifting off action to a higher level when division is fully competent."
(3.) This clearly indicates as to what had to be done and was being done. It is virtually a reprimand that once there is a clear finding by Perambur Hospital, the process of absorption of the petitioner must proceed. This is dated 2-1-1996. It is pursuant to this that the Chief Medical Superintendent then communicated to the Chief Works Manager, Samastipur that papers may be given to the petitioner to be filled up for joining. The petitioner then represented the Chief Works Manager, Samastipur, who immediately now responded by his letter dated 29-2-1996 (Annexure-9) that the Chief Medical Superintendent-vide his letter dated 31-1-1996 has found the petitioner unfit for appointment, and as such he is not able to give any duty or work or absorb the petitioner. The first thing we would like to notice at this juncture is that when the Chief Medical Superintendent sought guidance from the General Manager (Medical), he was fully aware of the report of Perambur Railway Hospital, Madras. He was reprimanded by the General Manager. Where was the occasion for acting on a medical test by a subordinate medical officer? At that time Perambur Railway Hospital was one of the topmost Cardiac Hospital of the country. How could the Chief Medical Superintendent of Samastipur sit in appeal over that? The General Manager had clearly opined to proceed accordingly. He had no where said to examine again. From these facts one thing is absolutely clear that the Chief Medical Superintendent took an affront that not only his opinion was overruled by the Railway Hospital at Madras, he even got reprimand from the General Manager, and it is apparent that these two, then forced him to issue the certificate declaring him medically unfit. This reflects a very sorry state of affairs. It is this certificate, which is now being issued in the year 1996 declaring him unfit after the Expert Body declaring him fit. That has debarred the petitioner from absorption as Class-IV permanent employee, and also resulted in taking away whatever little he had as a substitute Khalasi. The matter thereafter travelled in OA before the Tribunal and in Review and ultimately by the present OA even the Tribunal rejected his application, holding that the latest report being of the Chief Medical Superintendent, Samastipur dated 31-1-1996, the petitioner could not be employed.