Seniority for railway employees is determined from the date of joining unless specified otherwise, and claims of deliberate omission by authorities must be substantiated.

ORDER

By Hon’ble Mr. Anjani Nandan Sharan, Member (A)

Heard Shri S M Ali, learned counsel for the applicant and Shri Vinod Kumar Pandey, learned counsel for the respondents.

2. The instant Original Application has been filed u/s 19 of the Administrative Tribunal Act, 1985 seeking following reliefs :-

….. “i) to issue a writ, order or direction in the nature of CERTIORARI quashing the impugned order dated 10-1-2011 (Annexure A-I);

ii) to issue another writ, order or direction in the nature of MANDAMUS thereby commanding the Respondents to assign seniority from the date of original appointment 4-10-2001 and also allow annual increments year to year upto date and pendentilite, for which a time bound order is fervently prayed;

iii) to issue any other suitable order in favour of the applicant as deemed fit by this Hon'ble Tribunal in the facts and circumstances of the case;

iv) to award cost of the application in favour of the applicant..”

3. The brief facts of the case as narrated by the applicant, are that the applicant was appointed as sweeper in Class IV Group ‘D’ category against the handicapped quota (deaf and dumb). The applicant passed the screening test on 04.10.2001. Respondent-2 failed to indicate proper medical classification in the medical memo dated 19.10.2001. Accordingly, the medial authorities declared him as failed in the medical test. The applicant filed O.A. No. 1258/2004 seeking direction to the respondents to constitute a special Medical Board for the applicant. The Original Application was allowed in his favour. Subsequently, medical memo with proper classification was issued and the medical authorities declared the applicant fit on 18.12.2009. Accordingly, on the basis of order passed in Original Application dated 28.08.2009, the applicant was allowed to resume duty vide order dated 03.05.2010 and the applicant resumed duties on 06.05.2010. He has been working physically as sweeper Class-IV Group D category in the medical department under Chief Medical Superintendent, North Central Railway Hospital Jhansi. Deliberate omission on the part of the respondents has deprived the applicant of his seniority and other consequential benefits. On representation of the applicant dated 27.09.2010 the impugned order has been issued on 10.01.2011 which suffers their glaring infirmity as the seniority is always counted from the date of the original appointment.

4. In the counter reply, the respondents have stated that the applicant was screened on compassionate ground of handicapped quota (Deaf and Dumb) and was proposed for appointment in Group D by the letter dated 04.10.2001. He was advised to report on or before 15.10.2001 along with all original documents for taking medical exam. He was sent to Chief Medical Superintendent (CMS) Jhansi for medical examination with clear indication that he is a deaf and dumb candidate. He did not submit the handicapped certificate in the office of CMS, Jhansi issued by the Chief Medical Officer, so he was declared unfit as Bee one & under on 29.10.2001. The applicant was directed for re-medical examination along with the handicapped certificate on 19.11.2001 in reply to the appeal filed by the applicant. The letter was received by the applicant on 20.11.2001 but he never reported to CMS, Jhansi for re-medical examination. It has also been stated that for deciding the appeal of the applicant, the applicant was apprised several times for his re-medical examination vide letters dated 05.06.2002, 09.07.2002 and 31.10.2003/03.11.2003. The applicant had shown negligence attitude. There was no deliberate omission on the part of the respondents. The applicant represented vide his application dated 27.09.2010 that he should be giv