The court affirmed the principle of providing alternative employment to medically unfit candidates, emphasizing timely action and adherence to judicial discipline.

JUDGMENT :

Per Sujit Narayan Prasad, J.

1. All the writ petitions have been filed under Article 226 of the Constitution of India challenging the order/judgment passed by the Central Administrative Tribunal, Circuit Bench, Ranchi (Patna Bench) dated 15.01.2009 by a common order passed in O.A. Nos. 30 of 2008 and 32 of 2008 [W.P.(S) No. 2207 of 2009]; order dated 05.12.2008 by a common order passed in O.A. Nos. 84 of 2006 and 136 of 2006 [W.P.(S) No. 2259 of 2009]and; order dated 23.05.2017 passed in MA/051/00026/2017 with O.A. No. 051/800048/2017 [W.P.(S) No. 6445 of 2017].

2. All the writ petitions are having common issues, as such, are being taken up together for its consideration.

Factual Matrix

3. The brief facts of the case (W.P.(S) No. 2207 of 2009 W.P.(S) No. 2259 of 2009) as per the pleading made in the writ petitions which requires to be enumerated, are as under:

Vide Sr. DPO/CKP's Office Order no. E/Rectt/Gr. D/ Gangman-98/24 dated 05.05.1998 applications for open market recruitment in the category of Trackman (Group D) were invited.

On being selected in physical test, a panel of selected candidate was published vide DRM(P)/CKP's letter No.E/Rectt/Gr D/Gangman/CKP/Spl/2 dated 23.05.1999 and directed to the medical authority for necessary medical examination in Bee-One medical category as per requirement of Trackman category.

During the medical examination some candidate of the said panel, were found unfit in Bee- One medical category but found fit either in Bee-Two, Cey-One or Cey-Two categories. On submission of appeal by the medically failed candidates, the matter verified by the Sr. Divl. Personnel Officer and as per guidelines circulated under Estt. Sr. No 215/1999 & 232/2000, their appeal were not considered.

Aggrieved by the decision taken by the competent authority, the candidates had filed O.As. before the CAT Ranchi praying for direction upon the respondent for providing alternative job in pursuance of Srl. No.232/2000.

The matter was disposed by the Hon'ble CAT Ranchi by directing the applicants to preferred representation before the authority concerned and further directed the authorities to consider the matter with compassion.

In compliance to the said order, authority concerned had passed order regretting the claim of the petitioners.

Thereafter, applicants had filed different O.A's being O.A. No.84/2006 and 136/2006 (respondents of W.P.(S) No. 2259 2009) and O.A. No. 30/2008 & 32/2008 (respondents of W.P.(S) 2207 of 2009) before the CAT Ranchi challenging the order regretting the claim of the petitioners passed by the authority concerned.

The matter was disposed by the CAT Ranchi and the same were allowed in the favour of the applicants vide order dated 05.12.2008 and 15.01.2009 passed in O.A. No.84/2006 and 136/2006 (respondents of W.P.(S) No. 2259 2009) and O.A. No. 30/2008 & 32/2008 (respondents of W.P.(S) 2207 of 2009).

For ready reference the operative portion of the order dated 15.01.2009 is being quoted as under:

"In view of the above as these cases are found to be covered under above said decision dated 05.12.2008, these stand disposed of in the same terms as given in order dated 05.12.2008. Registry is directed to supply copies of order dated 05.12.2008 to the parties in the instance cases alongwith this order."

Thereafter, Railway administration had taken decision to file appeal before this Court against the said order of the CAT, Ranchi. Accordingly, Writ Petition bearing No 2259 of 2009 & 2207 of 2009 was filed by Railway administration before this Court challenging the order dated 05.12.2008 passed and dated 15.01.2009 passed in O.A. No.84/2006 and 136/2006 and O.A. No.30/2008 & 32/2008 by the CAT Ranchi.

Meanwhile, the applicants have filed Contempt Petitions before the CAT Ranchi bench for non-implementation of common order dated 05.12.2008 & 15.01.2009 passed in aforementioned OA's.

The learned Bench of CAT, Ranchi heard the matter and passed the interim order dated 11.11.2009. The operative part of the or