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CENTRAL ADMINISTRATIVE TRIBUNAL
DR. LATA BASWARAJ PATNE, J, MR. VARUN SINDHU KUL KAUMUDI, ACJ
D.Sreenivasa Rao – Appellant
Versus
Union of India represented by The Chairman, Ministry of Railways, Railway Board – Respondent
| Table of Content |
|---|
| 1. challenge of medical de-categorization and relief sought. (Para 1 , 2) |
| 2. claims of discrimination in alternate appointment process. (Para 3 , 4 , 5 , 6 , 8) |
| 3. evidential standards regarding support for claims. (Para 7 , 9 , 10) |
| 4. discretionary application of laches and equitable considerations. (Para 11 , 12 , 13) |
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 declare the inaction of the respondents in the matter of providing alternate appointment on medical de-categorization of the applicant befitting his status in the parent cadre in terms of the extant Rules and the statutory protection, resulting in the applicant’s status and rank getting affected with loss of emoluments and other career benefits as illegal, arbitrary, unjust, discriminatory and is in violation of the provisions in ‘The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 ’ and direct the respondents to provide alternate appointment to the applicant in a post
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