CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH, PATNA Reserved on : 01.01.2025 Pronounced on : 08.01.2025 CORAM HON’LE SHRI KUMAR RAJESH CHANDRA, MEMBER (A)

HON’BLE SHRI RAJVEER SINGH VERMA, MEMBER (J)

Manoj Kumar Rajak Son of Sri Gholtan Rajak, Loco Pilot/Goods, (Medically De-Categorized) under Senior Divisional Mechanical Engineer, North Frontier Railway, Katihar-854105 (Bihar).

……………Applicant (By Advocate: Shri M.P. Dixit)

Versus

1. The Union of India through the General Manager, North Frontier Railway, Maligaon (Guahati), PIN Code – 781001.

2. The General Manager (Personnel), North Frontier Railway, Maligaon (Guahati), PIN Code – 781001.

3. The Chief Mechanical Engineer, North Frontier Railway, Maligaon (Guahati), PIN Code – 781001.

4. The Divisional Railway Manager, North Frontier Railway, Katihar (Bihar), PIN Code – 854105.

5. The Senior Divisional Personnel Officer, North Frontier Railway, Katihar (Bihar), PIN Code – 854105.

6. The Senior Divisional Mechanical Engineer, North Frontier Railway, Katihar (Bihar), PIN Code – 854105.

7. The Senior Divisional Commercial Manager, North Frontier Railway, Katihar (Bihar), PIN Code – 854105.

8. The Senior Divisional Financial Manager, Railway Protection Force, North Frontier Railway, Katihar (Bihar), PIN Code-854105.

……………Respondents (By Advocate: Shri Bindhyachal Rai)

O R D E R PPEERR:: KUMAR RAJESH CHANDRA, MEMBER[ADMN.]

1. The present OA has been filed for following reliefs:-

“8.1 That your Lordships may graciously be pleased to quash and set aside the impugned Order dated 01.05.2018 as contained in Annexure-A/3 including other orders so referred in the impugned order whereunder the Applicant has been ordered to be absorbed on the post of Chief Commercial Clerk in Commercial department instead of against the post of Office Superintendent either in his own Mechanical Department or in Engineering department in the same manner as others have been absorbed whose names have been referred in Annexure A/4.

8.2 That Your Lordships may graciously be pleased to direct/command the Respondents to absorb the Applicant against the post of Office Superintendent either in his own Mechanical department or in Engineering department in the same manner as others have been absorbed whose names have been referred in Annexure A/4 and also in Para-

4.5 of O.A. with all consequential benefits.

8.3 Any other relief or reliefs including the cost of the proceeding may be allowed in favor of the Applicant.”

2. Brief facts and case of applicant as per the O.A. are as follows: -

(i) The applicant while working as Loco Pilot (Goods) under the Mechanical Department, was medically examined by the Medical Board on 13.09.2012 and the applicant has been declared unfit in Medical Categories A1, A2, A3,, B1 and B2 but fit in C-1 and below as per the provisions laid down in Indian Railway Medical Manual (IRMM) due to suffering from mental disease accordingly applicant was medically de-categorized vide order dated

27/28.09.2012 (Annexure – A/1).

(ii) The applicant was directed to appear before the Screening Committee on 20.12.2012 for absorption in the alternative post and the Members of the said Committee have recommended him for absorption in EDP Centre for next three months subject to further re-deployment by Screening Committee. Subsequently, applicant has been posted vide order dated 26.12.2012 (Annexure – A/2) in EDP Centre.

(iii) In the year 2015, applicant was again directed to appear for the screening test and after screening test applicant was recommended for the post of Chief Booking Clerk (re-designated as Chief Commercial Clerk). The applicant pleaded that he cannot be posted as Chief Commercial Clerk as per provisions laid down in Rule-

574 of IRMM, which reads as under:-

“574. List of posts in which staff having recovered from mental diseases should not be employed:-

(a) Any duty which will entail the charge of a locomotive or a moving vehicle, for example Driver, shunter, Guard etc.

(b) Any duties connected with locomotives or mo