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2024 Supreme(P&H) 891

JAGMOHAN BANSAL
Sant Kumar – Appellant
Versus
General Manager, Northern Indian Railway – Respondent


Advocates Appeared:
Mr. Sahir Singh Virk, Advocate; For the Petitioner
Mr. Narender Kumar Vashist, Senior Panel Counsel, for Union of India-respondents with Mr. Sanjiv Kumar, Office Superintendent DRM Office Ambala.

JUDGMENT

Mr. Jagmohan Bansal, J. (Oral)

The petitioner through instant petition under Article 226/227 of the Constitution of India is seeking direction to respondent to pay him immediate and adequate compensation as he has been rendered permanently disabled in an accident while on duty.

2. The petitioner on 15.02.1989 joined Northern Indian Railways as Pointsman. He, on 10.10.2021, while on duty met with an accident which resulted in amputation of his both legs. The said fact was recorded in Railway Diary Accident Book dated 10.10.2021. The Additional Chief Medical Superintendent, Northern Railway, Ambala Cantt. issued a certificate dated 18.07.2022 (Annexure P-8) recommending petitioner for alternative employment on medical grounds. As per the petitioner, he is suffering from 90% permanent disability.

3. Mr. Sahir Singh Virk, Advocate inter alia contends that petitioner while on official duty as Pointsman met with an accident and in the said accident his both legs have been amputated. The Ministry has issued disability certificate dated 07.10.2022 (Annexure P-5) confirming that petitioner is 90% permanent disabled. The respondent has conceded that petitioner was offered alternative

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