CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH HYDERABAD, this the 30^th day of September, 2024 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Mr. Varun Sindhu Kul Kaumudi, Administrative Member Mohd.Khaja Moinuddin, S/o Mohd. Hussain, Aged 53 Years, Religion: Muslim, Occ: Railway Employee, Rail Nilayam, Secunderabad, R/o H.No. 313/A 3rd Block, Janapriya Apartments, Nacharam, Mallapur, R.R. District: 500 076 (T.S).

... Applicant.

(By Advocate: Mr. PNA Christian)

Vs.

1. Union of India, Represented by the General Manager, South Central Railway, 3rd Floor, Rail Nilayam, Secunderabad.

2. Chief Personnel Officer, South Central Railway, 1st Floor, Rail Nilayam, Secunderabad.

3. Divisional Railway Manager (P), Hyderabad Division, South Central Railway, Hyderabad Bhawan, Secunderabad.

4. Senior Divisional Commericial Manager, Commercial Dept, Hyderabad Division, South Central Railway, Hyderabad Bhawan, Secunderabad.

5. Senior Divisional Personnel Officer, Hyderabad Division, South Central Railway, Hyderabad Bhawan, Secunderabad.

... Respondents.

(By Advocate: Mr. V Vinod Kumar, Sr.PC for CG)

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ORAL ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this Original Application, the applicant is seeking the following relief(s):

“That this Hon’ble Tribunal, in the interest of justice, may be pleased to issue an appropriate order or direction, more particularly in the nature of writ of mandamus:

(i) declaring the action of the respondents in appointing and continuing the applicant in the post of Commercial Clerk, into which he was recommended to be absorbed and was absorbed and appointed, which involves hand manual work and requires normal visual standards, though he is not eligible for the same as being illegal, unlawful against the provisions and propositions of Law and contrary to the Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995., Act and violative of the Hon'ble Apex Court in the judgment dated 13.02.2003 in Civil Appeal No. 1789 of 2000 titled as Kunal Singh versus Union of India and another" reported in S.L.R. 2003 (2) Page No.502, and contrary to the order dated 21.11.2013 passed by this Hon'ble Tribunal in O.A.No.1278 of 2012, and setting aside the same as also impugned orders and consequently, (ii) directing the respondents to appoint him forthwith, as a clerk either at Railway Mixed High School or as a dispatch clerk in the dispatch section of the fifth respondent's office, or create a supernumerary post and appoint the applicant in it, by relieving him forthwith from the post of Trainee-Commercial Clerk at Kamareddi, or wherever he may be posted/transferred to, (iii) and pass such other and further orders as the Hon'ble Tribunal may deem fit and proper in the circumstances of the case.”

2. When the matter has been taken up for consideration, none present on behalf of the applicant.

3. On perusal of the record, it is observed that the applicant was 53 years old, when he filed this OA in the year 2016. Though the applicant was accommodated with an alternative post of Commercial Clerk, he requested for another post, as the post of Commercial Clerk involves hand manual work and requires normal visual standards and he is not eligible for the same. Now, the applicant retired from service and his prayer in the OA cannot be granted at this juncture. Therefore, the OA becomes infructuous. 4. In view of the above, the OA is dismissed as infructuous. There shall be no order as to costs.

(VARUN SINDHU KUL KAUMUDI) (DR. LATA BASWARAJ PATNE)

ADMINISTRATIVE MEMBER JUDICIAL MEMBER /Ram/