Covid-19 absence treated as administrative reason under IREM Para 303(a), entitling candidate to inter-se seniority clubbing with earlier batch based on merit.

ORDER (ORAL)

PER: RAKESH KUMAR GUPTA, MEMBER (A)

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

a) To direct the Respondents to determine the inter-se-seniority of the applicant strictly in accordance with Para 303(a) of IREM vol I, considering the absence of the applicant for not attending the training on 28.09.2020 as due to administrative reason and assign her seniority in the appropriate place of her batch mates of 29.09.2020 based on the marks secured by her in the examination held at the end of the training with all consequential benefits arising there from.

b) Grant any other relief or reliefs as deemed fit into the facts and circumstances of the case.

2. The facts of the case as pleaded by the applicant in her pleadings, are as follows:

a) The applicant is presently working as Assistant Loco pilot at Arsikere in Mysuru Division of South Western Railway. She was selected to the post by Railway Recruitment Board (RRB), Bengaluru under notification no. CEN 01/2018. Her RRB merit order was 788.

b) For the post of Assistant Loco pilot (ALP), pre-induction training is mandatory and unless the person qualifies in the examination conducted at the end of the training, he/she cannot be absorbed in the post. Generally the candidates found suitable for the post of ALP are sent for training on the basis of RRB merit order. The applicant was advised by the second Respondent through email on 23.09.2020 to report to the office of the second Respondent on 28.09.2020 and also to attend the on line training commencing on the very same date.

c) As the applicant is from the state of West Bengal, she booked air ticket to travel on 27.09.2020 from Kolkata to Bengaluru by Air Asia flight no. 152473, so that she could be present at Mysuru on 28.09.2020. As she was developed with fever on 26.09.2020, she approached the local doctor who advised her rest for 5 days and advised to get the RT PCR test for Covid-19. The copy of the prescription of the doctor dated 26.09.2020 and the medical certificate issued on 29.09.2020 are collectively placed as Annexure-A2.

d) She got the Rapid Antigen Test done at Block Primary Health Centre, Panagarh under the Department of Health & Family Welfare, Government of West Bengal on 29.09.2020 and the test result was positive. She was accordingly advised for home isolation for 7 days and to repeat the test after 7 days.

e) As she was tested Covid-19 positive and persons with positive test results are not permitted to travel, she had no other option than to cancel her air travel ticket and communicated the same to the Respondents through email on 29.09.2020 (Annexure-A4).

f) The repeat test for covid-19 was conducted on 07.10.2020 in the same health centre. The test result was negative, and she was declared as fit. The copy of the certificate dated 07.10.2020 is placed as Annexure-A5. Further to the receipt of the negative test report, the same was sent to the respondents through email on 08.10.2020 expressing her inability to attend the training from 28.09.2020 due to Covid-19. She also requested the respondents to allot her a new training batch. She was informed that the new batch starts from 19.10.2020 and intimation would be sent to her.

g) The applicant was sent for training which commenced on 19.10.2020 and after successful completion of the training (with average marks of 84.33) she was absorbed in the working post on 10.03.2021.

h) The respondents issued provisional