RAM CHANDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is directed against the order dated the 22nd January, 1982 of the Assistant Personnel Officer, Northern Railway, Jodhpur reverting the petitioner to the post of a peon. Petitioner was a Cook in the Railway Hospital at Jodhpur. He proceeded on sick leave and on resumption of duty he was directed to appear before the Railway doctor. The Railway Doctor declared him fit for C -II and unfit for class B -I. On appeal the Chief Medical Officer found the petitioner fit for class B -I with glasses but declared him unfit for the job of a cook. Subsequently the impugned order was passed by the Assistant Personnel Officer, which has given rise to the present petition.

(2.) THE counsel for the petitioner submits that the petitioner having been classified as B -I on appeal was entitled to the post of a Cook as the standard of medical fitness for this post was B -I. It was a case of reversion to a lower post.

(3.) WHEN the petitioner has been found fit for a job of class B -I, I do not understand how he can be declared unfit for the post of a Cook.