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2025 Supreme(Online)(CAT) 971
CENTRAL ADMINISTRATIVE TRIBUNAL
Dr. Lata Baswaraj Patne, Mr. Varun Sindhu Kul Kaumudi, JJ
R Ramana – Appellant
Versus
M/o Railways – Respondent
O.A./1012/2017
Sri K.R.K.V.Prasad, Smt.B.Gayatri Varma, Sr.CGSC
Employers must accommodate medically unfit employees by providing suitable alternative employment, ensuring safety and compliance with medical advice.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Employment and medical fitness - Applicant, diagnosed with Epilepsy, challenged the refusal of alternate appointment despite medical advice against high-stress roles - Court emphasized the need for employers to accommodate medically unfit employees and ensure safety in job assignments. (Paras 1, 2, 3, 4, 12, 16)
(B) Right to livelihood - Article 21 of the Constitution - The court reiterated that the right to livelihood is integral to the right to life, mandating employers to adjust roles for employees unable to perform due to medical conditions. (Paras 13, 14)
Facts of the case:
The applicant, previously an Assistant Loco Pilot, was declared medically unfit for his role due to Epilepsy and sought alternate employment in a less stressful position. He alleged that the respondents ignored medical advice and forced him into unsuitable roles, risking his health and safety.
Findings of Court:
The court found that the applicant had been offered alternative employment consistent with his medical classification and had accepted promotions in that cadre, thus limiting his claim for further alternate postings.
Issues: The main issues included whether the applicant was entitled to an alternate post considering his medical condition and the validity of the respondents' actions in assigning him to the Senior Commercial Clerk role.
Ratio Decidendi: The court ruled that the employer must consider medical advice when assigning roles and that acceptance of an alternative post limits the right to demand further changes unless medically unfit.
Result: Original Application disposed of with directions for reconsideration of the applicant's representation regarding his health condition.
ORDER
PER: HON’BLE MR. VARUN SINDHU KUL KAUMUDI, ADMINISTRATIVE MEMBER
1. The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 , seeking the following relief:
“....to call for the records pertaining to letter No.B/C.19/Staff Matters/IMP/2015, dated 25.09.2017 along with letter No.SCR/P- BZA/143/Co.Ord./Vol.2, dated 22.08.2017 and Fit Certificate for physical fitness dated 30.06.2017 r/w Fit Certificate bearing No.053065 dated 06.11.2017 and set aside and quash the above said letters dated 25.09.2017 and 22.08.2017 and direct the respondents to provide alternate appointment to the applicant in the Ministerial cadre with the medical classification C-1 in a post equivalent to Booking Supervisor by conducting re-screening by following the findings in the medical examination report dated 02.08.2004 and grant all consequential benefits to the applicant and pass such other order or orders as may deem fit and proper in the circumstances of the case and in the interest of justice.”
2. The facts of the case, as narrated by the applicant, in brief, are as follows:
i. The applicant was diagnosed as a chronic patient of Epilepsy and was declared medically unfit to continue in the cadre of Assistant Loco Pilot with a medical finding that he should be posted to a job not involving fire, water, electricity and moving machinery. Respondents have been forcing the applicant to take up one post or the other since the time he was declared medically unfit and in spite of categorical evidence that the applicant has been frequently experiencing seizures due to Epilepsy and is not able to perform duties in the Commercial Cadre in which the applicant is forced to work. The applicant has alleged that hyper technical stand is taken, ignoring the medical problem encountered by him. Continuation of the applicant in the Commercial Cadre, involving stress, night duties and dealing with cash, has been exposing him to potential risks of various kinds.
ii. Since the applicant was a chronic patient of Epilepsy and was liable to suffer seizures, railways had created a supernumerary post, vide proceedings, dated 09.12.2004, allowing the applicant to continue in the cadre of Assistant Loco Pilot.
iii. The applicant was called for screening and was offered the post of Sheet Metal Fitter Grade-II. Since the post of Sheet Metal Fitter for him was against the medical advice, the applicant was called for screening again on 16/17.02.2025 and was given posting as Junior Clerk. It was revised, as the said posting was in a lower grade post. Thereafter, the applicant was provided with alternate appointment, posting him as Senior Commercial Clerk, in the pay scale of Rs.4000- 6000 (5th CPC) since 02.02.2009. On 28.02.2009, while performing his duty as Senior Commercial Clerk, in the Booking Office of Annavaram Railway Station, he became unconscious and fell down from the chair and he was put on the Railway Sick List. The applicant submitted a representation, on 11.03.2009, to the 3rd Respondent that it was not safe for him to continue in the Commercial Clerk Cadre which deals with Railway cash and prayed seeking another post. The 4th Respondent issued proceedings, vide Memorandum, dated 17.03.2009, posting the applicant as Clerk to work under the control of the Chief Crew Controller, Rajahmundry, for a limited period, against a supernumerary post.
iv. The applicant alleged that one B.Venkata Ramana, who was declared medically unfit, like him, in the cadre of Assistant Loco Pilot and was medically fit in C-I classification like the applicant, was initially provided with alternate appointment as Senior Clerk in PB-1, with GP Rs.2800/-, but was taken back to post him as Senior Commercial Clerk, in PB-1, with GP rs.2400/-. However, again, by considering that in the 6th CPC, the Grade Pay of Senior Commercial Clerk had been changed to GP Rs.2800/-, the said B.Venkata Ramana was again given posting as Senior Clerk in
