Hon’ble Siddharth, J.—Heard Shri Sushil Kumar Srivastava, learned counsel for the petitioners and Shri Vikas Budhwar, learned counsel for the respondent No. 1‘.

2. The above noted writ petition has been filed by the petitioners praying for quashing of the impugned order dated 30.4.2002 passed by the respondent No. 2, Central Administrative Tribunal, Allahabad Bench, Allahabad in O.A. No. 888 of 1995.

3. By the aforesaid order tribunal has directed the petitioners to grant the grade pay-scale of Rs. 1600-2660 to the respondent No. 1 for the post of Head Coaching Clerk with effect from the date he was posted on that post instead of the pay-scale of Rs. 1400-2300 granted to him pursuant to medical de-categorison.

4. The brief facts of the petition are that while respondent No. 1 was working as Assistant Yard Master in Railway at Allahabad in the pay-scale of Rs. 1600-2600, he was medically de-categorised on 18.12.1992 due to constant decline in the eyesight standards. The respondent No. 1 attributed this decline due to constant and round the clock strenuous work of the petitioners. At the time of de-categorisation respondent No. 1 was drawing the pay-scale of Rs. 1600-2660 and was about to get pay-scale of Rs. 2000-3200 in accordance with the Railway Board’s letter dated 27.1.1993. However he was accommodated on the post of Head Posting Clerk(Coaching Cadre) in Parcel Wing in the pay-scale of Rs. 1400-2300 in violation of Master Circular of the petitioners which provides that while absorbing de-categorised staff in alternative employment, the interest of staff in service in that cadre shall not be adversely effected as far as possible.

5. The post on which respondent No. 1 was posted was held by Shri Z.U. Ahmad, who was holding pay-scale of Rs. 1600-2660 by virtue of upgrading, but the respondent No. 1 was deliberately provided the pay-scale of Rs. 1400-2300 which he never opted. One Shri S.D. Masood, who was junior to the respondent No. 1 was also medically de-categorised on 8.12.1993 and his grade pay-scale was protected and he was also promoted and was allowed the pay-scale of Rs. 2000-3200

6. Against the aforesaid discrimination respondent No. 1 preferred original application No. 888 of 1995 before the Central Administrative Tribunal which was allowed by the order dated 30.4.2002 and challenging the same, the above noted writ petition has been filed by the petitioners.

7. The case of the petitioners’ is that medical de-categorisation of an employee only entitles him to be considered for alternative employment in such category under which he is found fit on the basis of available vacancies. The respondent No. 1 was accordingly appointed on the post of Head Coaching Clerk in the pay-scale of Rs. 1400-2300 on the basis of vacancy and his fitness for the post.Since as per provisions of paragraph 573 of the Indian Railway Medical Manual, Shri S.T. Masood was found fit in his own medical category his pay was protected and the respondent No. 1 was found fit for another medical category of C-1 and C-2, therefore, there is no discrimination.

8. Further respondent No. 1 has wrongly stated that he was posted in place of Shri Z.U Ahmad. The fact is that Shri Z.U. Ahmad was retired on 30.4.1994 in the pay-scale of Rs. 1400-2300. Respondent No. 1 was posted in place of Shri J.P. Banerjee, who was drawing pay-scale of Rs. 1400-2300. Shri Z.U. Ahmad was promoted from the pay-scale of Rs. 1400-2300 to 1600-2660 on 1.3.1993 on account of restructuring of cadre and therefore petitioner was rightly absorbed on the post of Head Coaching Clerk in the payscle of Rs. 1400-2300.

9. Learned counsel for the petitioners has relied upon Chapter XIII of Indian Railway Establishment Manual 1989(1) which provides the procedure of absorption of disabled/medically de-categorised of the staff in alternative employment.

10. The aforesaid provisions of Indian Railway Establishment Manual do not support the case of the petitioners. Clause 1303 thereof pro