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2025 Supreme(Online)(CAT) 2288
CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Justice Om Prakash, J, Mr. Mohan Pyare, A
Umesh Kumar – Appellant
Versus
General Managar N Rly – Respondent
O.A./1518/2015
Shri Islam Ahmad, Shri Manoj Kumar Sharma
Promotion from Group ‘C’ to Group ‘B’ requires medical fitness; relaxation of standards must not compromise safety.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Promotion from Group ‘C’ to Group ‘B’ - Applicant declared medically unfit due to color blindness, which was deemed relevant for the post of Assistant Works Manager - Relaxation of medical standards considered but not granted as it would compromise safety and productivity - The applicant's claim for promotion was rejected based on medical board's findings. (Paras 1, 4, 8)
(B) Medical Standards - Relaxation of medical standards for promotion is permissible only with specific approval from the Railway Board and must not compromise safety. (Paras 7, 8)
Facts of the case:
The applicant, a Senior Section Engineer, sought promotion after passing the written examination but was declared medically unfit due to color blindness, which was contested based on previous relaxations granted to others.
Findings of Court:
The medical board concluded that the applicant was unsuitable for the identified posts due to color blindness, which affects job performance.
Issues: The main issues were whether the applicant's color blindness should disqualify him from promotion and if the relaxation of medical standards was warranted.
Ratio Decidendi: The court held that the safety and productivity of work must not be compromised, and the medical board's decision was upheld.
Result: O.A. dismissed for want of merit.
ORDER
By Hon’ble Mr. Mohan Pyare, Member (A)
Present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:
“(a) to set aside the letter dated 14.08.2014 issued by the respondent no.1.
(b) to set aside the letter/order dated 14.05.2015 issued by the respondent no.3.
(c) to direct the respondents to promote the applicant in ‘B’ group from ‘C’ group.”
2. Brief facts of this case are that the applicant is Senior Section Engineer/Design in Mechanical Design (Veh. Section) D.L.W. Varanasi. The applicant passed departmental promotion written examination from group ‘C’ to group ‘B’ i.e. Non Gazetted Post to Gazetted Post on 12.07.2014 and the date for Viva Voce Test was fixed on 20.08.2014 after conclusion of the medical examination. Respondent no.2 sent a letter to the applicant stating that he is not eligible for viva voce test as he is medically unfit being colour blind. The applicant made a representation on 16.08.2014 to respondent no.3 for medical relaxation on the ground of letter dated 09.04.2007 and para No.532 of IRMM-2000 as well as on the basis of considered claim of one Sri Praveen Kumar, Sri S. Kamraj and Sri J.P. Singh. Vide letter dated 30.09.2014, C.M.E. requested respondent no.3 to conduct a fresh Medical Test for the applicant for the specific post identified for him. The applicant was referred for re-medical to CMO/DLW but the authority concerned rejected the applicant in re-medical test vide letter dated 16.12.2014. Aggrieved, the applicant approached respondent no.1 through a detailed representation dated 09.01.2015 and reminder dated 09.02.2015. After intervention of this Tribunal, respondent no. 3 decided the representation of the applicant rejecting his claim vide order dated 14.05.2015. The applicant moved a detailed representation dated 13.05.2015 before respondent no.3 requesting therein to consider his candidature/ claim for the post of ADE/Dev in view of CME Noting, stating that applicant can be posted/ absorbed on the post of ADE/ Dev. which is the post of design office and colour blindness deficiency will not at all affect the working performance of the Candidate”.
3. We have heard learned counsel for the parties.
4. Submission of learned counsel for the applicant is that the omission of the applicant by the authority concerned is arbitrary and erroneous. Promotive group ‘B’ post is Gazetted post of Assistant Works Manager whose job nature is supervising for production Unit in Diesel Loco workshop and there is norelevance or effect of colour blindness in its job nature. There is a guideline in para 543(4) of IRMM-2000 that the relaxation of medical standards on promotion from Group ‘C’ to Group ‘B’ in all categories may however be considered for specific posts in the concerned Department on case to case that any one of the condition may be relaxed in favour of any candidate for Special reasons and the relaxation in medical standards in each case should have specific approval of the concerned Board Member of Railway Board. He further argues that one Sri Praveen Kumar, Sri S. Kamaraj and Sri J.P. Singh has been given relaxation in Medical and was promoted. Either of the two post in CDE Office i.e. ADE/Bogie or ADE (Vehicle) has been identified for probable Appointment of applicant. The specific post of ADE/Dev in design office has no relevance or effect of colour blind deficiency and the same will not affect the working performance.
5. Submission of learned counsel for the respondents is that in terms of Railway Board’s letter No. E(GP) 80/2/8 dated 31.10.1991 passing of medical examination for selection in Group “B” is necessary before appearing in the viva voce test. He further states that except the applicant all other five candidates were declared medically fit in terms of Railway Board’s letter No. E(GP) 80/2/8 dated 31.10.1991. The applicant was declared unsuitable in the medical test due to colour blindness because of which he was not c
