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Reserved on 06.11.2025

CENTRAL ADMINISTRATIVE TRIBUNAL

ALLAHABAD BENCH, ALLAHABAD

Allahabad This the 19^th day of December, 2025

Original Application No.356 of 2012

Present:

Hon'ble Mr. Justice Rajiv Joshi, Member-(Judicial)

Hon'ble Mr. Anjani Nandan Sharan, Member- (Administrative)

Ganpati Sinha, S/o Late Pratap Chand Sinha,

Assistant Station Master, Kadipur Railway Station,

Varanasi.

………….Applicant

By Advocate: Ms. Saumya Mandhayan

Versus

1. Union of India through General Manager, North Eastern Railway, Gorakhpur.

2. Divisional Railway Manager, North Eastern Railway, Varanasi.

3. Chief Medical Superintendent, North Eastern Railway, Varanasi.

4. Divisional Railway Manager (Personnel), North Eastern Railway, Varanasi.

. . . . . . . . . . Respondents

By Advocate: Shri Anil Kumar

ORDER

Delivered by Hon'ble Mr. Anjani Nandan Sharan, Member-(A)

Heard Ms. Saumya Mandhayan, learned counsel for the applicant and Shri Anil

Kumar, learned counsel for the respondents.

2. By way of this original application the applicant has sought the following

reliefs:-

"i) To issue a writ, order or direction in the nature of certiorari

quashing the order dated 10.02.2012 passed by respondent

No. 3 annexed as Annexure-A-1.

NEELAM KUMARI SINGH

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(ii) To issue a writ, order or direction in the nature of mandamus

commanding the respondents not to give effect the order

dated 10.02.2012 passed by respondent No.3.

(iii) To issue such other and further order or direction which this

Tribunal may deem fit and proper in the nature and

circumstances of the present case.

(iv) Award cost of the petition to the applicant. "

3. The brief facts of the case, as stated by the applicant in original

application are that the applicant joined Indian Railways in 1974 and was

promoted to the post of Assistant Station Master at Kadipur Railway Station. He

remained in good health throughout his service until 2010, when during a

periodical medical examination a problem was noticed in his left eye. On the

recommendation of the Divisional Railway Hospital, Varanasi, he was referred

to AIIMS, New Delhi for specialized examination, and railway passes were

issued for his travel. He visited AIIMS twice between September and November

2010, underwent several tests as directed by the doctors, and remained under

Railway Medical Certificate during the entire period. After completion of the

medical process, a fitness certificate was issued on 01.12.2010 covering his

sickness period from 15.09.2010 to 01.12.2010, and he resumed duty on

02.12.2010.

3.1 Despite repeated representations, the Railway authorities did not decide

how this period should be treated. As per Railway rules and a circular dated

12.08.1999, the time spent on medical examinations, investigations, and related

travel on official medical referral is to be treated as “on duty.” However, by an

order dated 10.02.2012, the respondents arbitrarily treated this entire period as

leave, without giving the applicant any opportunity to be heard. This resulted in

loss of leave, non-payment of salary and travelling allowance, and denial of

duty benefits. The applicant contends that the impugned order is illegal,

contrary to Railway rules, and violative of principles of natural justice.

NEELAM KUMARI SINGH

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3.2 Since no action was forthcoming at the end of the respondents to

legitimate grievance of the applicant, he was constrained to file O.A. No.

1161/2011 which was disposed of at the admission stage itself with a direction

to respondent No.3 to examine representation dated 16.08.2011 and decide the

same within a period of four weeks by passing a detailed, reasoned and

speaking order.

4. On the other hand, counter affidavit has been filed from the side of the

respondents in which it is stated that the applicant was sent to Divisional

Railway Hospital, Varanasi for periodical medical examination. The respondents

state that the applicant was working under safety category post and during the

periodical medical examination the applicant’s eye was not found correct for the

prescr