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CENTRAL ADMINISTRATIVE TRIBUNAL

CHENNAI BENCH

OA No. 310/00222 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)

N.S. Hermesha Rao , Sr. Tech/

O/o. Sr. SSE/Signals/BBQ

(Supernumerary)

Southern Railway. ........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. R.S. Krishnaswamy)

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

01.03.2023 and to direct the respondents to alternatively appoint him in a post in

Level 6 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 1999 and after promotions, he was holding the post of Sr. Technician, Level 6 in

the pay matrix (Grade Pay Rs.4200/-) when he was subjected to periodical medical

examination and was declared unfit to continue in the cadre. With effect from

24.08.2022, he was continued in a supernumerary post till identification of alternative

post. 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 6 in the pay matrix equivalent to the post of Sr. Technician which he was

holding substantively from 2012. However, vide posting order dated 01-03-2023,

applicant was posted as Jr. Clerk in level 2 in the pay matrix (GP Rs.1900/-) in

Chennai division with bottom seniority thereby obliterating his career advancement.

As the impugned order dated 01-03-2023 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 Indian Railway Establishment Manual Vol.

I, the applicant has filed this O.A for aforestated reliefs.

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3. Respondents have entered appearance through their counsel Mr. R.S.

Krishnaswamy and have filed their reply statement. It is contended that as the

applicant was declared unfit in AYE THREE & BEE ONE medical categories, but fit

in BEE TWO and below vide Medical Certificate dated 24.08.2022. 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 and pursued 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 the DRQ/LDCE vacancy

position he was given Junior Clerk post as in this category only such medically

decategorized employee can be adequately filled up without adversely affecting the

promotions of existing employees. The screening committee has recommended the

case of the applicant for the post of Junior Clerk on bottom seniority against exiting

DRQ/LDCE vacancy. Accordingly, the applicant was absobed in the alternative post

of Office Clerk/S&T/MAS division duly protecting his existing pay as per extant

instruction by a memorandum dated 20.02.2023. Therefore, the applicant was

considered for postings as Jr. Clerk at the office of the Sr. DSTE/MAS by an order

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dated 01.03.2023 since no vacancies exist in Sr. Clerk at the time of consideration.

4. It is contended by the Respondents that applicant is not a person wi