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CENTRAL ADMINISTRATIVE TRIBUNAL

CHENNAI BENCH

OA No. 310/00408 of 2023

DATED THURSDAY, THE 29 ^th DAY OF JANUARY, TWO THOUSAND AND TWENTY SIX

CORAM :

HON'BLE MS. VEENA KOTHAVALE, MEMBER (J)

HON'BLE MR. SISIR KUMAR RATHO, MEMBER(A)

D. Stephen (Supernumerary),

Sr. Section Engineer/Sig/TPWS/MAS,

Southern Railway-600 003. ........Applicant

(Advocate: M/s. Ratio Legis)

Versus

1. The Union of India Rep. By

The General Manager,

Southern Railway,

Park Town, Chennai – 600003;

2. The Divisional Railway Manager,

Chennai Division, Southern Railway,

NGO Annexe, Park Town,

Chennai-600003. ..Respondents

(Advocate: Mr. J. Vasu)

CAV ON : 09.01.2026

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O R D E R

(Hon'ble Ms. Veena Kothavale, Member(J)

This OA is filed by the applicant seeking to quash the impugned order dated

08.05.2023 and to direct the respondents to alternatively appoint him in a post in

Level 7 of the pay matrix duly protecting his service benefits including seniority.

2. The applicant states that he had joined the cadre of Electrical Signal Maintainer

in 1988 and after promotions, he was holding the post of Sr. Section Engineer

Signals/TPWS/MAS, Level 7 in the pay matrix (Grade Pay Rs.4600/-) when he was

subjected to periodical medical examination and was declared unfit to continue in the

cadre. With effect from 26.09.2022, he was continued in a supernumerary post

awaiting alternative appointment but allowed to work in the same capacity till

February, 2023. The applicant was asked to appear before the Screening Committee

on 15.11.2022. Applicant requested the screening committee to give him alternative

post in level 7 in the pay matrix equivalent to the post of Sr. Section Engineer which

he was holding substantively from 29.03.2022. However, vide posting order dated

08-05-2023, applicant was posted as Office Superintendent in Level 6 in the pay

matrix (GP Rs.4200/-) with bottom seniority, in Tiruchchirappalli Division thereby

obliterating his career advancement. As the impugned order dated 08-05-2023 is in

gross violation of provisions of section 20 of the Rights of Persons with Disabilities

Act, 2016, Chapter III of Indian Railway Establishment Code and Chapter XIII of

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Indian Railway Establishment Manual Vol. I, the applicant has filed this O.A for

afore-stated reliefs.

3. Respondents have entered appearance through their counsel, Mr. J. Vasu and

have filed their reply statement. It is contended that as the applicant was declared

unfit in AYE THREE & BEE ONE and BEE TWO medical categories, but found fit

for alternative appointment in CEE ONE and below medical categories with behind

-the-ear hearing aid in the left ear vide Medical Certificate dated 26.09.2022.

Consequent on his medical de-categorization, he was accommodated against

supernumerary post immediately subject to the condition that the supernumerary post

created will stand abolished from the date he joins in the alternative post. The

applicant was called before constituted screening committee on 15.11.2022. The

committee was constituted for assessment of fitness and identification of suitable

alternative post in his own department i.e. S&T department. Further, the committee

counseled the medically de-categorised employee, perused his service record and

medical certificate. Based on his medical fitness, educational qualification, Grade

pay/pay matrix level of the post held by him and the availability of vacancies under

Direct Recruitment Quota & LDCE quota, he was given a post of Office

Superintendent in Security Department as per the advise of Head Quarters, Southern

Railways without adversely affecting the promotional chances of existing employees.

The screening committee has recommended the case of the applicant for the post of

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Office Superintendent on bottom seniority against existing DRQ/LDCE vacancy.

Accordingly, the applicant was absorbed in the alternative post of office

Superintendent in Security Department. Since the seniority of Office Superintendent

in Security Department is maintained on Southern