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SABYASACHI BHATTACHARYYA
Ravi Prakash – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Sabyasachi Bhattacharyya, J. - The petitioner was initially appointed as a constable in the Railway Protection Force (RPF) with effect from May 22, 2006. after completion of initial training, he was posted at the Chittaranjan Locomotive Works (CLW), Chittaranjan on and from March 31, 2007. On January 29, 2019, the petitioner was placed in the Sick List of CLW and was referred to the B.R. Singh Hospital, where the petitioner was advised to avoid running/jumping, over-height, fire and electrical hazards and the use of firearms.
2. It is an admitted position that on the basis of the EEG Report dated October 17, 2019 the Controlling Officer was advised to post the petitioner in a place where he could adhere to the above restrictions in terms of medical advice.
3. The petitioner was transferred to Sealdah Division from CLW vide Force Order No. 42/2019 dated april 12, 2019.
4. Subsequently, as per the allegation of the Railway authorities, a medical board examined the petitioner and declared him fit to resume duty in his original category of Railway Service as per Para 543(1) of Indian Railway Medical Manual-2000 (in short, IRMM-2000).
5. Learned counsel for the petitioner argues th
The court emphasized the mandatory provisions of IRMM-2000 regarding decategorization and assignment to lighter duty, and held that the Railway authorities must comply with these rules before declari....
The court upheld that the appointment of the petitioner to an alternative post was lawful despite previous findings of unfitness, affirming the requirement to comply with procedural norms for medical....
An employee's entitlement to salary during medical leave cannot be denied based on treatment location if the employee was unfit for duty.
Employer must ensure that an employee with a disability is treated fairly, including salary payment for an absence due to illness, under the Rights of Persons with Disabilities Act, 2016.
Absenteeism in government service warrants strict consequences, and resignation once accepted by competent authority is irrevocable, impacting entitlement to benefits.
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