The respondents in all these writ petitions who were working in different posts in the South Central, Railway were recommended for absorption in alternative posts on medical decategorisation. Alleging that they are not accommodated in the alternative posts carrying the same scale of pay as provided under Paras 1307 and 1308 of the Indian Railway Establishment Manual (IREM), they filed OA Nos. 152 of 2010, 416 of 2010, 1081 of 2009, 151 of 2010 and 209 of 2010 in the Central Administrative Tribunal, Hyderabad Bench. By separate orders dated 22.3.2012 the Tribunal disposed of the said O.As. with directions to absorb them in compliance with Paras 1307 and 1308 of IREM. The said orders are assailed in these writ petitions filed by the South Central Railway.

2. We have heard Sri C.V. Rajiv Reddy, the learned Counsel appearing for the writ petitioners and Sri K.R.K.V. Prasad, the learned Counsel appearing for the respondents/applicants before the Tribunal.

3. Consequent to the enactment of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Paras 1301 to 1315 of Chapter XIII of Indian Railway Establishment Manual have been substituted providing for absorption of medically incapacitated staff in alternative employment in tune with Section 47(1) of the said Act.

4. The relevant paras of IREM are extracted hereunder for proper appreciation of the controversy involved:

Para 1303. The Railway Servants both in group (i) and group (ii) of Para 1302 above cease to perform the duties of the posts they are holding from the date they are declared medically unfit for the present post. No officer has the authority to permit the Railway Servant concerned to perform the duties in the post beyond that date. If such a Railway Servant cannot be immediately adjusted against or absorbed in any suitable alternative post he may be kept on a special supernumerary post in the grade in which the concerned employee was working on regular basis before being declared medically w1fit pending location of suitable alternative employment for him with the same pay scale and service benefits; efforts to locate' suitable alternative employment starting immediately. The special supernun1erary post so created will stand abolished as soon as the alternative employment is located.

Para 1306. Steps to be taken for finding alternative employment:

(1) With a view to determine the categories in which the disabled/medically decategorised Railway Servant is suitable for absorption, a committee should examine him. The committee may consist of two or three officers posted at the headquarters of the officer under whom the disabled/medically decategorised Railway Servant was working, the Railway Servant's in1mediate officer being one of the members of the committee. After the committee has examined the Railway Servant and determined his suitability for certain categories of posts, the officer under whom the Railway Servant was working will proceed to take further action to find suitable alternative employment for him.

(2) The officer concerned will prepare a list of vacancies within his jurisdiction in the categories for which the disabled/medically incapacitated Railway Servant has been found suitable and a post with some scale of pay as was attached to the post he was holding on regular basis before being declared medically unfit, will be offered to him.

(3) ... ... ... … ...

Para 1307. Element of Running Allowance to be reckoned while finding alternative post to disabled medically decategorised running staff.-In order to determine the same scale of pay for the purpose of absorbing a disabled/medically decategorised running staff in the alternative employment, an amount equal to such percentage of pay in lieu of running allowance as may be in force may be added to the minimum and maximum of the scale of pay of the running staff. If the scale of pay so arrived at is not identical with the scale of pay already existing, the same