ORDER (ORAL)

By Hon’ble Ms. Pratima K Gupta, Member (J):

The brief facts of the OA as explained by learned counsel for applicant are that the applicant, who is working as Shunting Master with the Indian Railways, is suffering from „Mental Tuberculosis‟ and his medical condition does not allow him to perform the duties assigned to him. Therefore, he preferred representation dated 09.08.2023 to the respondents to consider him extending light duties. His representation has been rejected by the respondents vide impugned order dated 17.08.2023. Being aggrieved he has preferred the present OA seeking the following reliefs:-

“(i) That the Hon'ble Tribunal may further graciously be pleased to pass an order of quashing the impugned order dated 17.08.2023 (Annexure A/1) declaring to the effect that the same is illegal, arbitrary and against the advice of the competent medical authorities and consequently, pass an order directing the respondents to consider and to post the applicant on night duty without involving train operation and safety of the public.

(ii) That the Hon’ble Tribunal may further graciously be pleased to pass an order directing the respondents to constitute the medical board for considering the suitability of the applicant for his posting on the post without involving train operation and safety of the public and consequently, take suitable decision on the recommendation of the medical board.

(iii) Any other relief which the Hon’ble Tribunal deem fit and proper may also be granted to the applicant along with the costs of limitation..”

2. Learned counsel for applicant draws attention to the counter reply and submits that in the counter reply the respondents themselves have submitted that the applicant was instructed to appear before the medical board to ascertain his medical condition and he deliberately not appeared before the medical board. He submits that the said contention is incorrect as the applicant has not been given any instruction to appear before the medical board nor he is in receipt of any communication in this regard. He submits that the OA could be disposed of with direction to the respondents to direct the respondents the consitute a medical board and after the opinion of the medial board, consider the request of the applicant.

3. Learned counsel for respondents vehemently opposes the present OA. He draws strength from the counter reply and submits that the applicant was suffering from the „Mental Tuberculosis‟ and upon his medical treatment he has become fit to perform the duties of Shunting Master. He submits that in light of his medical condition the applicant is opting for lighter duties which cannot be allowed. He reiterates that the applicant has been advised to appear before the medical board and he intentionally and deliberately did not appear.

4.1 Heard learned counsels for the parties.

4.2 The basic facts recorded hereinabove are not in dispute. In view of the limited prayer made by learned counsel for the applicant, the present OA is disposed of with following directions:-

(i) Impugned order dated 17.08.2023 is quashed.

(ii) The respondents shall constitute a fresh medical board within a period of four weeks, the medical shall examine the applicant, and in case the opinion of the medical board finds favour to the applicant, the same shall be placed before the competent authority to consider the case of the applicant in light of the recommendation of the Medical Board. The respondents are directed to consider the request of the applicant as per rules.

(iii) Interim order dated 10.10.2023 whereby the respondents were directed not to assign night duty to the applicant shall remain in operation until disposal of the cause of the applicant.

4.3 There shall be no order as to costs.

(Dr. Chhabilendra Roul) (Pratima K Gupta)

Member (A) Member (J)

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