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2024 Supreme(Online)(CAT) 5768

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


Advocates:
For the Appellants/Petitioners: Sri K.R.K.V.Prasad
For the Respondents: Sri M.Brahma Reddy, Sr.PC for CG

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 operated in a regular cadre carrying the pay scale of Rs.6500-10500/- (5th CPC) by granting all consequential benefits, duly revising the office order No.Mech/Rg/42/2002, dated 04.10.2002 and pass such other order or orders as deemed fit and proper in the facts and circumstances of the case and in the interest of justice.”

2. The fac

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