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IN THE HIGH COURT AT CALCUTTA
SUJOY PAUL, CJ., PARTHA SARATHI SEN
Md. Nazrul Islam – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
PARTHA SARATHI SEN, J.
1. The subject matter of the instant writ petition as filed under Section 226/227 of the Constitution of India is the order dated 29.08.2023 as passed in OA 350/ 01223/ 2022 by the Central Administrative Tribunal, Kolkata Bench, Kolkata (hereinafter referred to as the ‘said Tribunal’ in short). By the impugned order the said Tribunal declined to entertain the prayers of the original applicant/ writ petitioner herein for regularizing the medical treatment period from 14.01.2020 to 18.04.2022 as on duty and for releasing of service benefits for the aforesaid period by the respondent authorities.
2. At the time of hearing, Mr. Ray, learned Advocate appearing on behalf of the original applicant/ writ petitioner at the very outset draws attention of this Court to the copy of the representation dated 17.05.2022 as submitted by the original applicant/ writ petitioner with the respondent no. 4 authority requesting the said authority to treat his sick period from 14.01.2020 to 18.04.2022 as on duty with a further request to disburse payment for the aforementioned period as payable to him. It is submitted that by a communication dated 27.05.2022 the respondent
The court emphasized the mandatory provisions of IRMM-2000 regarding decategorization and assignment to lighter duty, and held that the Railway authorities must comply with these rules before declari....
The court upheld that the appointment of the petitioner to an alternative post was lawful despite previous findings of unfitness, affirming the requirement to comply with procedural norms for medical....
Employer must ensure that an employee with a disability is treated fairly, including salary payment for an absence due to illness, under the Rights of Persons with Disabilities Act, 2016.
Para 524 of Indian Railway Medical Manual reads as treatment of period of absence of Railway employees sent for periodical medical reexamination.
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