CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH HYDERABAD, this the 1st day of April, 2025 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Ms. Shalini Misra, Administrative Member V. Venkata Ramana Rao, S/o Late Venkateswara Rao, Aged 39 years, Occ: Trainee Technician Grade-III, O/o The Senior Section Engineer (Electrical Maintenance), Vijayawada Division, South Central Railway, Satyanarayana Puram, Vijayawada.

.....Applicant.

(By Advocate: Mr. KRKV Prasad)

Vs.

1. Union of India represented by The General Manager, South Central Railway, Rail Nilayam, Secunderabad.

2. The Executive Director, Health (Plg.,)

Railway Board, New Delhi.

3. The Chief Medical Director, South Central Railway, Lallaguda, Lallaguda Railway Hospital, Secunderabad.

4. The Divisional Railway Manager, South Central Railway, Vijayawada division, Vijayawada.

5. The Senior Divisional Electrical Engineer (Maintenance), South Central Railway, Vijayawada division, Vijayawada.

6. The Senior Divisional Personnel Officer, South Central Railway, Vijayawada division, Vijayawada.

.. Respondents (By Advocate: Mrs. B Gayatri Varma, Sr. CGSC)

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Digitaly signed by KARAN DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=

DEPARTMENT OF PERSONNEL AND TRAINING, KARANP N o O s t 5 a - l 1 C 0 o - d 1 e 9 = 3 5 1 0 S 0 T 0 0 F 4 L , O L O =H R y H de A r C a A ba B d H , S A = W T A e N la n H g Y a D na E , R S A T B R A E D E , T =

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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:

“This Hon’ble Tribunal may be pleased to declare the inaction of the respondents in the matter of not considering the request of the applicant to reckon 9 years of service. which he lost on account of the fault on the part of the Railway Medical Doctors in declaring the applicant as unfit for appointment in Railways on compassionate ground till review medical was done as per the directions of the Hon'ble Tribunal in O.A.No.128 / 2010 as illegal, arbitrary, unjust, discriminatory and accordingly direct the respondents to add 9 years of service to the applicant on notional basis in the cadre of Technician-III at the time the applicant is absorbed permanently in the cadre and grant all consequential benefits to the applicant and pass such other order or orders as deemed fit and proper in the facts and circumstances of the

case and in the interest of justice.”

2. The brief facts of the case, as stated by the applicant, are that his father, viz., V. Venkateswara Rao, while working as Travelling Ticket Examiner (Sleeper), died in harness on 11.01.2005 during his service with the Railways in the Vijayawada division of South Central Railway. After the demise of his father, the applicant was considered for appointment on compassionate grounds as Technician Grade-III in the Electrical General Depot and was directed for medical examination. However, the 2nd respondent vide letter dated 28.09.2006 conveyed to the applicant that he was found unfit in medical categories A-Two, A-Three, B-One, and B-Two, but having been found fit in C-One and below, he was reconsidered for appointment in Group 'C' service in the Wagon Workshop, Guntupalli. The applicant submitted a representation requesting for a re- medical examination in the A-Two and below medical classification, as he was certified fit in such classification by the Civil Assistant Surgeon, Government Hospital, Vijayawada. The 4th respondent vide letter dated 01.02.2007 directed the applicant for a re-medical examination. The Medical Board at Lallaguda Central Hospital expressed satisfaction after conducting the re-medical examination to the effect that the applicant is fit for A-Two and below. However, after enquiring from Dr. P.J.P. Srinivas, Senior Ophthalmologist, Vijayawada, and on hearing from him that the applicant had deliberately misled him while conducting tests, which re