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A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
Union of India represented By the General Manager Southern Railway – Appellant
Versus
Varghese Thomas – Respondent
JUDGMENT :
Shoba Annamma Eapen, J.
The above original petition is filed by the petitioners- Union of India challenging the order of the Central Administrative Tribunal, Ernakulam, dated 28.09.2015 in O.A.No.180/27 of 2015, directing the respondent to treat the period from 14.08.2002 to 12.09.2002 and also from 15.12.2008 to 25.12.2008 as duty.
2. The respondent/applicant, who is Crew Controller in Thiruvananthapuram Division, was directed to attend periodical medical examination while working as Senior Loco Pilot (Passenger) on 14.8.2002. During the medical examination, his ailment was detected and was placed under sick list by medical authorities for further management of his illness. He was referred to railway hospital, Perambur, admitted and had undergone pacemaker implantation. He was placed on sick leave for the treatment of his own illness from 14.8.2002 to 12.9.2002 and during further periodical medical examination on 15.12.2008, he was found unfit and he was placed on sick list and the period of absence was from 15.12.2008 to 25.12.2008. The period of absence (both spells) were treated as sick leave and not as duty. Aggrieved by the same, the respondent herein approached the T
Para 524 of Indian Railway Medical Manual reads as treatment of period of absence of Railway employees sent for periodical medical reexamination.
The Tribunal affirmed the proper conduct of disciplinary proceedings and upheld the imposition of penalty for unauthorized absence during medical treatment, establishing the authority's discretion in....
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