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CENTRAL ADMINISTRATIVE TRIBUNAL

CHENNAI BENCH

OA No. 310/00419 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)

Y.J Immanuel (Supernumerary),

Sr. Section Engineer/TM//RPM,

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 Sr. Divisional Personnel Officer,

Chennai Division, Southern Railway,

NGO Annexe, Park Town,

Chennai-600003. ..Respondents

(Advocate: Mr. M. Kishore Kumar, SPC)

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

22.05.2023 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 Junior Engineer/Track

machine in 2010 and after promotions, he was holding the post of Sr. Section

Engineer Signals/ TM/RPM in 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 2017, he was continued in a supernumerary

post till identification of alternative post. Vide proceedings of the Screening

Committee dated 15.11.2022, applicant was given the posting as SSE/TM/RPM on

bottom seniority. Applicant requested 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 November 2013. However, vide posting order dated 22-05-2023,

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 22-05-2023 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 Indian Railway Establishment Manual Vol.

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I, the applicant did not join the reverted post but has filed this O.A for aforestated

reliefs.

3. Respondents have entered appearance through their counsel Mr. M Kishore

Kumar 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 fit

in CEE ONE and below category with glasses, he was accommodated against

supernumerary post with effect from 13.07.2017 and was directed to report to Senior

Divisional Personnel Officer, Chennai Division for alternative post as there was no

vacancy in Ministerial category in Track Machine Unit/ Royapuram. Though Chief

Personnel Officer/Admin had suggested vide his letter dated 07.05.2019 that

applicant be posted as Office Superintendent in Level-6 in Works Branch in Chennai

Division, it was not agreed to by the Divisional Railway Manager for reasons stated

in his letter dated 27.05.2019. Therefore, vide Memorandum dated 22.05.2023, the

applicant was allotted the post of Junior Clerk in Level-2 in Engineering Department

in Chennai Division.

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

in terms of section 2(s) & Section 20 of the Rights of Persons with Disabilities Act,

2016. He is also not a person with benchmark disability as per section 2(r) or a

person with disability having high supports need as per section 2(t), of the said Act.

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Hence that is not applicable to the case of applicant. Para 1304 of Chapter XIII of

IREM provides that while finding alternative post for absorption of disabled/

medically decategorised staff, railway administration should ensure that the interest

of other staff in service are not adversely affected and no reversion of any officiating

railway servant is made to absorb the disabled/medically decategorised staff. Fu