(OPEN COURT)

CENTRAL ADMINISTRATIVE TRIBUNAL, ALLAHABAD BENCH ALLAHABAD This is the 17^th day of December, 2025.

Original Application No. 330/00472/2025 HON’BLE MR JUSTICE OM PRAKASH -VII, MEMBER (J)

HON’BLE MR. MOHAN PYARE, MEMBER (A)

1. Prakash Chand Meena aged about 40 years, S/o Shri Ram Karan Meena, Medically decategorized Loco Pilot Goods under Chief Crew Controller (Op.) North Central Railway, Agra Cantt.

2. Sanjay Kumar Thakur aged about 45 years, S/o Shri Ganga Ram Thakur, Medically de-categorized Loco Pilot Passenger under Chief Crew Controller (Op) North Central Railway, Agra Cantt.

.Applicants By Adv : Shri Rajesh Kumar/Shri Pradeep Kumar Mishra V E R S U S

1. Union of India through General Manager, North Central Railway, Headquarters office, Subedarganj, Prayagraj.

2. Divisional Railway Manager, North Central Railway, Agra.

3. Senior Divisional Electrical Engineer (Operation), North Central Railway, Agra.

4. Senior Divisional Personnel Officer, North Central Railway, Agra.

. . . Respondents By Adv: Shri Pramod Kumar Rai (O R D E R)

BY JUSTICE OM PRAKASH -VII, MEMBER (J)

Heard Shri Rajesh Kumar as well as Shri Pradeep Kumar Mishra,, learned counsel for the applicants, and Shri Pramod Kumar Rai, learned counsel for the respondents.

2. The present O.A has been filed by the applicant under section 19 of the Administrative Tribunal Act, 1985 seeking following reliefs:-

“(i) Hon’ble this Tribunal may please be issue an order or direction in the appropriate nature to quash and set aside the impugned order dated 07.04.2015 and 23.04.2025 (Annexure A-1).

(ii) Hon’ble this Tribunal may please be direct the respondents to extend the benefit of order dated 15.12.2022 passed by this Hon’ble Tribunal in OA No. 179 of 2020 (Ram Babu Sharma Vs. Union of India and others) being applicants are similarly situated person.

(iii) Hon’ble this Tribunal may please be issue an order or direction in the nature of mandamus to the respondents to re-screen and absorb the applicants on the suitable non safety cadre post as per provisions of Master Circular No.

25 with all consequential benefits.

(iv) Hon’ble this Tribunal may please be issue any further orders or direction, which this Hon’ble Tribunal may deem fit and proper in the circumstances of the case.

(v) Award the appropriate cost in favour of the applicant”.

3. Submission of the learned counsel for the applicants is that applicants were medically decategorized and thereafter they were allowed to be posted on the post of Crew Controller (CC) Level 6 as would be clear from the impugned order. Learned counsel for the applicants also referred to the judgment and order passed in OA No. 764/2023 decided on 07.01.2025 by this Bench and argued that direction given in the OA have been complied with and fresh order in the light of direction given in the order has been issued on 07.04.2025, which has been taken on record. It is also argued that similar issue was raised before the Hon’ble High Court in a Writ ‘A’ No. 8980/2023, which had been filed against the judgment and order passed in the original application No. 42/2020. Hon’ble High Court relying on the judgment and order passed in Writ ‘A’ No. 7949 of 2023 dismissed the writ petition affirming the order passed by the Tribunal. It is further argued that identical issue is also involved in the present matter, thus, the present OA be also decided in terms of judgment and order passed in OA No. 179 of 2020 (Ram Babu Sharma Vs. Union of India and others) and OA No. 764/2023 directing the competent authority amongst the respondents to post the applicants on a non safety category suitable cadre post.

4. Learned counsel for the respondents refuting the arguments advanced by the learned counsel for the applicants argued that RBE No. 9/1998 clearly empowers the respondents to post the medically decategorized Loco Pilot (Goods/Pasengers/Mail) for the duties of Crew Controller. Only limitation is created in para 2 (g) of the aforesaid RBE that the tenure rule of three years