Sunil Ambwani and Kashi Nath Pandey, JJ. -

Heard Shri B.B. Paul, learned counsel for the petitioners. Shri Anubhav Chandra appears for the applicant-respondent No. 1.

2. The pleadings have been exchanged. With the consent of the parties, the matter was finally heard.

3. The Union of India, through General Manager, Northern Railway, New Delhi; the Divisional Railway Manager, Northern Railway, Allahabad; the Divisional Commercial Manager, Northern Railway, Allahabad and the Chief Parcel Supervisor, Kanpur Central, Kanpur, are aggrieved by the judgment of Central Administrative Tribunal dated 16.11.2007, in Original Application No. 855 of 2002, by which the Tribunal, after giving benefit of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter called as P.W.D. Act, 1995), has directed the payment of gratuity to the applicant for services rendered from the year 2000, till he attained the age of 60 years. His past service as casual labour service was not qualified for counting to work out the service gratuity. The Tribunal has further awarded back wages from the date of discharge, till the applicant reached the age of 60 years, and the order to be complied with within a period of four months.

4. The applicant was working as a 'parcel porter' in the North Central Railway at Kanpur from 1986 to the year 2000. He was considered for absorption in pursuance to the directions issued by the Supreme Court in A. I. Railway Parcel and Goods Porters' Union v. Union of India, (2003) 11 SCC 590, decided on 27.4.1998, for which he was subjected to medical examination, and was found fit in Class C-l vide Sr. D.M.O./A.L.D's. Fit Memo No. 227311 dated 24.4.2000, with date of birth dated 20.2.1945, noticed in the order.

5. The appointment letter annexed Annexure-2 to the writ petition, shows that the applicant was given temporary appointment vide letter dated 10.5.2000, issued by Assistant Personnel Officer, Northern Railway, Allahabad as 'Sub. Parcel Porter' in the pay scale of Rs. 2550-3200 (R.S./R.P.) including grade pay and dearness allowance subject to condition, that he will pass medical examination by the authorized medical officer.

6. The applicant was again subjected to the medical examination on 26.7.2001 and vide certificate of the Chief Medical Superintendent dated 26.7.2001 issued from the office of Northern Railway, Allahabad he was found to be suffering from 'Severe Bilateral Ortho Arthritis Knee Joint'. The Chief Medical Officer reported his medical fitness as follows:

"Sri Jagdish Narain Verma is a case of Severe Bilateral Ortho Arthritis Knee Joint. He is unfit to work as Parcel Porter and recommended sitting sedentary duties. He is fit in original category Cee One."

7. The Chief Medical Officer, in his certificate indicated that the applicant cannot be permitted to discharge the duties for which he was declared unfit. The question of his absorption for any alternate post will be considered by the Divisional Railway Manager/Divisional Superintendent, Northern Railway or his departmental superior separately as he is advised in due course by him.

8. Shri B. B. Paul, learned counsel for the petitioners submits that in case of applicant's appointment, his unfitness to perform the duties was considered by the Divisional Railway Manager, Allahabad by his letter dated 29.1.2002. He was discharged from service on the ground, that the applicant, having been declared unfit to work as Parcel Porter vide C.M.S./A.L.D. letter No. 54 Med/1 dated 26.7.2001, vide unfit Certificate No. 386390 dated 1.8.2001, there was no post available for sitting sedentary duties in the category of parcel porter. Since he was declared incapable to perform the duties for which he was appointed as per directives of Hon'ble Supreme Court, he was discharged from Railway service with immediate effect after payment of one month's pay in lieu of notice 30 days for completion of six months service as c

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