Judgment :-

R.V. Raveendran, J.

The first respondent was appointed as a Lab Assistant in the Research Designs and Standards Organisation (RDSO), Ministry of Railways, in the year 1972 and was subsequently promoted as Junior Research Assistant in 1977 and Senior Research Assistant in 1983.

2. The first Respondent (referred to as the respondent as he is the only contesting respondent) was selected for the next higher post of Chief Research Assistant, and by order dated 30.6.1997, he was promoted to the said post with the condition that his promotion will be effective from the date of submission of fit certificate in B-1 medical category.

3. The medical classifications for various categories of non-gazetted staff of RDSO, revised with a view to rationalize the medical standards, were notified by the RDSO, Ministry of Railways, by Office Order No.4/1990 dated 19.7.1990. The annexures to the said office order stated that the Committee constituted to decide upon the standards of medical examination had followed the following guidelines in rationalising the medical standards : (i) to the extent possible, the same medical standards were fixed for all RSDO staff of same capacity, doing similar type of work; (ii) the requirements stipulated in the Medical Manual with respect to the interest of public safety and administration, as also the interests of the employee himself and his fellow workers were taken into account while fixing the medical standards; and (iii) any possibility of medical decategorisation during promotion were obviated/minimized,while deciding upon the medical standards. The Committee had also recommended that in cases where a medical category, higher than that was then being followed, was recommended, the RDSO employees in those medical categories who were in service on 1.6.1990 should be granted relaxation at the discretion of the ADG. The medical standards that was being followed till introduction of revised medical standards and the revised medical standards that was introduced by office order dated 19.7.1990, for Research Assistants, were as follows:

Designation Class of Medical Examination

Medical category before Revised medical category

revision introduced by office order

no.4 of 1990

Chief Research Assistant B1 B1

Senior Research Assistant B2 B1 Junior Research Assistant B3 B1

The main distinction between B1 and B2 medical categories referred to above was that colour perception was a requirement prescribed for B-1 category but not for B2 category.

4. When the promotion order dated 30.6.1999 required the respondent to submit B-1 Medical Category fit certificate, the respondent filed objections contending that in the existing RDSO environment, the nature of work prescribed for the posts of JRA, SRA and CRA was the same, and as he was already cleared for B2 medical category, it was not necessary for him to secure fitness in the higher medical category of B1. By replies dated 24.7.1987 and 24.11.1997, the Directorate informed him that the different medical categories were prescribed in pursuance of rationalisation of medical standards, taking into account the requirements of the job, as also the safety and welfare of the public, fellow workers and the concerned employee himself. He was therefore once again called upon to present himself before the authorized Medical Officer for medical test and certification.

5. Being aggrieved, the respondent filed OA No.395/1998 before the Central Administrative Tribunal, Lucknow Bench, praying that the promotion order dated 30.6.1997 to the extent it required him to produce Fit Certificate in B-1 medical category and the consequential memos/orders dated 7.7.1997, 24.11.1997 and 17.7.1998 requiring him to present himself before the concerned medical officers for examination, be quashed. He also sought quashing of the office order No.4/1990 dated 19.7.1990 insofar as it related to classification of medical category in respect of Research Assistants. The Tribunal by order dated 20.5