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2025 Supreme(Online)(CAT) 5049
CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Jayesh V. Bhairavia, J
Shri Manhar T. S/o Thakorbhai – Appellant
Versus
Union of India – Respondent
OA No.281/2021
For the Appellants/Petitioners: Shri S.S. Chaturvedi
For the Respondents: Ms. R.R. Patel
The period of medical evaluations must be treated as duty if not completed in designated time due to administrative reasons, emphasizing public safety.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Indian Railway Medical Manual (IRMM) 2000 - Sick leave and Periodical Medical Examination (PME) claims - The Tribunal directs consideration of the applicant's request for treating the full duration of three PMEs as duty, based on provisions of para 524 of IRMM 2000 and relevant past judgments. The applicant, a Loco Pilot suffering from multiple health issues, challenged the deduction of 137 days from leave due to PMEs which, per his claim, should not have been treated as absent from duty. (Paras 8-10).
(B) The court emphasized the importance of public safety in employment decisions involving medical evaluations, especially where multiple health concerns exist. (Paras 4.1, 5.1)
Findings of Court:
The Tribunal directed that the applicant's request to treat the PME periods as on-duty be considered, mandating a reasoned decision within four months.
Result: The OA is disposed of as per the directions.
| Table of Content |
|---|
| 1. details of the applicant's medical evaluations and absences due to health. (Para 2) |
| 2. respondents justify leave deductions due to health concerns affecting public safety. (Para 3) |
| 3. arguments highlighting existing rules on treating pme periods as duty. (Para 4) |
| 4. counterarguments regarding the justification of health administration actions. (Para 5) |
| 5. court's direction for reconsideration based on legal standards and duties. (Para 8 , 9 , 10) |
ORDER
Aggrieved by the action of the respondents deducting the periods of his three spells of Periodical Medical Examination (in short ‘PME’) from his leave account, the applicant has filed this OA under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-
“8.1 Lord ships be pleased to admit this petition. And be pleased to direct the respondent to release entire amount for period of the PME treatment to count the whole period as on duty.
8.2 And be pleased to issue order/direct to the respondent to pay the leave encashment for the period deducted from the leave/sick leave of applicant in accordance with the PME period.
8.3 And be pleased to direct the respondent to pay the payment of daily allowance (TA/DA) for the period of medical examination away from his headquarters beyond 8 kms.
8.4 That the Hon'ble Tribunal may be kindly pleased to call for the entire record of the applicant in possession of the respondent for its kind perusal.
8.5 Any other relief which the Hon'ble Tribunal deems fit.”
2. The facts in brief as stated by the applicant in the OA are as under:-
2.1 The applicant while working as a Loco Pilot (Goods) under the respondents was sent for periodical medical check-up during the following periods:-
1. 05.07.2018 to 08.09.2018 = 66 days
2. 14.06.2019 to 10.07.2019 = 28 days
3. 03.10.2019 to 15.11.2019 = 43 days
2.2 It is stated by the applicant that the respondents have issued a sick memo dated 13.4.2018 for 15 days. Thereafter the respondents again issued a sick memo dated 3.5.2018 for the period from 28.4.2018 to 15.5.2018 and further issued the memo dated 28.5.2018 for Medical Examination at BCT (Bombay Hospital). Thereafter on 20.6.2018 and 21.6.2018, the applicant was sent for medical checkup. Thereafter vide letter dated 26.6.2018, the applicant was sent at the Sunshine Hospital and on 29.6.2018, the respondents referred the applicant for SSG Hospital for treatment of ear and the said SSG Hospital declared the applicant as ‘fit’. On 4.7.2018, the applicant was declared fit by the CMS, Vodadara.
2.3 The applicant kept 03 months under the sick memo. Thereafter on 5.7.2018, 6.7.2018 and 9.7.2018, the respondents had issued Memo for PME on 5.7.2018 and sent for medical. However, as per rule only 3 days PMT test is required but the respondents again sent the applicant in sick for the period of 7 days from 9.7.2018. The applicant reported for sickness from 6.7.2018 to 11.7.2018 for further PME. Again on 19.7.2018, the respondents issued Memo for medical examination at BCT (Bombay Hospital) and 24.7.2018, the Jagjivanram Hospital further referred the applicant to NAIR Hospital. Thereafter, on 31.7.2018, the respondents had issued another Memo to the applicant for medical examination at BCT (Bombay Hospital). Again vide Memo dated 16.8.2018, the applicant was sent to Mumbai Mahanagar Palika Hospital for his hearing testing, which hospital declared the applicant fit. Thereafter, the respondents kept the applicant under the sickness/head of periodical re-examination upto 5.9.2018. On 8.9.2018, the applicant was declared fit in reference to PME-40 18-19 and the applicant was sick and under treatment from 9.7.2018 to 8.9.2018. As such due to PME reason, the applicant was kept in sick and 66 days leave deducted from the applicant’s account.
2.4 On 13.6.12019, when the applicant was satisfactorily working, he received the telephonic order for Special Medical Examination and on 14.6.2019, the CTCC has relieved for the said medical examination.
2.
