IMPORTANT POINT
The court established that the principles of natural justice must be upheld in administrative decisions affecting employment, and that the availability of alternative remedies does not preclude an employee from seeking judicial review when their rights are infringed.

JUDGMENT

B.R. Sarangi, J.

The petitioner has filed this writ petition seeking to quash the order dated 11.02.2015 passed in O.A. No. 260/0071/2015 under Annexure- 13, whereby the Central Administrative Tribunal, Cuttack Bench, Cuttack, taking recourse to Section 20 of the Administrative Tribunals Act, 1985, declined to entertain the Original Application, since other remedies available to the petitioner were not exhausted and, as such, the same is premature one. The petitioner has also prayed to quash the order dated 06.08.2014 under Annexure-6, by which the petitioner, due to medical unfit, has been requisitioned to be spared for de-novo screening for his alternative appointment in similar grade; as well as the office memorandum dated 12.11.2014 under Annexure-7, by which the appointment of the petitioner was approved in alternative category as ECRC in PB-1 with Grade Pay of Rs.2800/- in Commercial Department, consequent upon medical unfit and subsequently re-screened by the duly constituted screening committee on 31.10.2014; and the order dated 14.11.2014 under Annexure-8, whereby it was indicated that the petitioner may be directed to undergo training of Pro. ECRC being medically unfit staff and approved for absorption as ECRC in PB-1 in GP of Rs.2800. The petitioner has also prayed for a direction to the opposite parties, more particularly opposite party Nos. 2 to 5 not to disturb him from the post of Chief Controller of Sambalpur Division under East Coast Railway and to extend all such service benefits as due and admissible to the post of Chief Controller.

2. The brief fact of the case giving rise to filing of this writ petition is that consequent upon the selection procedure adopted by the opposite parties for appointment to the post of Goods Guard, the petitioner was appointed against the said post in the scale of Rs.4,500-7,000/- at Titilagarh, Sambalpur Division of East Coast Railway. After completion of four years of service, as per the rule, the periodic medical examination (PME) was conducted to examine the fitness of the running staff. Accordingly, he was directed to appear before the Medical Board on 07.09.2007, where he was declared as medically de-categorized from A2 to B1 due to vision problem. Keeping in view the alternative employment rule of the Government of India, Ministry of Railway, i.e., RBE No. 89/99, the medically de categorized persons, including the present petitioner, were extended with alternative employment. In terms of the said rule, the allied service to the post of Goods Guard was found to be the Section Controller by the Screening Committee and accordingly the petitioner, vide order dated 26.02.2008, was offered with the order of appointment against the post of Section Controller. Thereafter, the petitioner was directed to undergo training of Pro. SCR and after completion of the said training he was released from the Zonal Railway Training Institute on 16.04.2008 and was directed to report before the Sr. D.P.O./ Sr.D.O.M., Sambalpur East Coast Railway, vide order dated 16.4.2008. Accordingly, the petitioner was issued with an order of posting as Section Controller in the scale of Rs.5,500-9,000/- as alternative posting by a duly constituted screening committee and after successful completion of the PCR training, vide office order dated 18.07.2008 issued by the Divisional Railway Manager, Sambalpur. After completion of three years of service as Section Controller, considering his performance, the case of the petitioner was considered along with other similarly placed incumbents and vide office order dated 24.11.2011 he was given promotion to the post of Chief Controller (CHC), Sambalpur in Pay Band-2 with G.P. of Rs. 4600/-.

2.1. After completion of six and half years of service from the date of appointment as Section Controller and three years from the date of promotion to the post of Chief Controller, the office of the Divisional Railway Manager issued a letter on 06.08.2014 to the office of the