1. The petitioners joined as Constables in the Railway Protection Force (for short ‘Force’), South Central Railway, at various points of time. Out of them, the 1st petitioner was promoted as Head Constable. All of them were declared medically unfit to hold the respective posts between 2003 and 2008. The Rules framed by the Indian Railways provided for de-categorization of employees of any particular category on medical grounds and for provision of alternative employment in the Railway Protection Force. The petitioners contend that after they were de-categorized by the Force, they are being assigned duties in various offices without permanent absorption. The office of the Divisional Railway Manager, Hyderabad, the 5th respondent herein, issued proceedings, dated 10-11-2008, communicating that the petitioners would be subjected to re-medical examination. The petitioners feel aggrieved by the said proceedings. Another grievance of the petitioners is that they are not being extended the benefit of promotion, which their juniors in the Force are extended from time to time.

2. On behalf of the respondents, a counter – affidavit is filed. Since the relevant information was not contained in it, this Court directed the General Manager, South Central Railway, to apprise this Court about the nature of implementation of the scheme of rehabilitation of de-categorized members of Force. The Additional Divisional General Manger filed a detailed counter – affidavit with supporting documents. The purport of the scheme for rehabilitation of de-categorized persons is mentioned in detail. It is stated that the impugned proceedings, dated 10-11-2008 were issued strictly in terms of Rule 522(2)(ii) of the Indian Railway Medical Manual (IRMM). He further stated that the cases of the petitioners would be considered as and when their turn comes.

3. Heard the learned counsel for the petitioners and the learned counsel for the respondents.

4. The selection and appointment of the petitioners was in the Railway Protection Force. The members of the Force are subjected to Medical examination periodically. In addition to that, if any person sustains injuries or suffers from any other ailment, the medical examination would be conducted not only for the purpose of extending the treatment, but also to determine his fitness to continue in the Force. All the petitioners herein were rendered medically unfit.

5. Though the Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 does not apply to the Force, provisions with similar purport are contained in Rule 1304 of the Indian Railway Establishment Manual Volume-I. Once the petitioners were declared medically unfit, they were assigned some other functions and are being paid the same salary.

6. The first grievance of the petitioners is that they were not absorbed into a regular post and are being assigned menial duties. They draw comparison with others, who are said to have been extended the benefit of absorption though, they were declared medically unfit at a later point of time. It is no doubt true that the scheme provides for absorption into other posts wherever available. The record, however, discloses that the instances of de-categorization of members of the Force in Hyderabad Division are on the ingress. Whatever be the reasons for such phenomenal increase, the respondents cannot be expected to be ready with the vacancies to offer the same to the de-categorized employees. Much would depend upon the availability of vacancies, the scales that are attached to the posts and the number of persons that are de-categorized in the division. If the vacancies are not immediately available, the affected persons have to wait for their turn. As long as pay protection is given, they cannot have any genuine grievance.

7. One person by name, Dilip Kumar is said to have been absorbed out of turn. However, soon after the mistake in this regard was noticed, the absorptio