CENTRAL ADMINISTRATIVE TRIBUNAL PATNA BENCH, PATNA CORAM HON’BLE MR. JUSTICE NARENDRA KUMAR JOHARI, MEMBER (J)

Reserved on…05.02.2026 Pronounced on …26.02.2026 Babloo Yadav, S/o Bhundu Yadav, aged about 43 years, Male, resident of At Railway Colony, VPO/Adhikari, P.S. Haribadi, District- Darjeeling, West Bengal. R/o Nurjampur, P.S. Police Lakhiimniyan, Distt- Begusarai.

……..Applicant.

- By Advocate(s) :- Shri Mahendra Prasad Bhartee -Versus-

1. The Union Of India Through The General Manager, N.F.

Railway, Katihar, Pin Code-851211

2. The Divisional Railway Manager, N.F. Railways, Katihar, Pin Code-851211

3. The Divisional Railway Manager (P) N.F. Railways, Katihar.

Pin Code-851211 …….Opposite Parties.

By Advocate(s) :- A.K. Mantu, ld. ASC O R D E R PER : NARENDRA KUMAR JOHARI, MEMBER (J) :

Instant OA has been filed by the applicant seeking the following relief:-

MANORDigitaly ANJAN s M ig A n N e O d R b A y N “8.1 That the Lordships may graciously be pleased to direct KUMAR JAN SINHAK S U IN M H A A R the concerned Respondents to dispose of the representation date 16.03.2021 and make immediate payment of the compensation for the loss of his earning capacity under the following heads:

Pecuniary damages (i) Expenses relating to medicines, transportation, nourishing food, and miscellaneous expenditure.

(ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising, loss of future earnings on account of permanent disability.

(iii) Future medical expenses.

Non-pecuniary damages (General Damages)

(iv) Damages for pain, suffering and trauma as a consequence of the injuries.

(v) Loss of amenities.

8.2 Any other order or orders as your lordships may please deem fit and proper in the interest of justice.

8.3 Cost and expenses in relation to this case as this Hon'ble Tribunal may deem fit to be awarded for necessary expenditure in litigation, financial harassment, sorrow, and mental agony suffered by Applicant.”

2. Brief facts of the case as émerged from pleadings is that the applicant is an employee of Railway and he was working as Trackman at Thakurganj Railway Station of N.F. Railway. Applicant, while he was unloading ballast from the train, sustained severe injury as traumatic amputation at left mid arm level on 01.01.2017. The applicant immediately was referred to CMS NJP on 01.01.2017, thereafter he was referred to HWH Orthopaedic Hospital of Eastern Railway Kolkata on 20.02.2017 whereby he was provided an artificial limb on 07.08.2017.

3. A Medical Examination of the applicant was held on 17.01.2018 at New Jalpaiguri (NJP) Railway Hospital by standing MANORDigitaly ANJAN s M ig A n N e O d R b A y N K S U IN M H A A R J K S A U IN N M H A A R Divisional Medical Committee, NJP upon which the Committee Members recommended that he was not fit for employment under A/3, B/1 or B/2 category but he was found fit for C/1 category and below. Such finding of Divisional Medical Committee was also duly accepted by the competent authority on 24.01.2018. The Divisional Medical committee then recommended applicant's name for alternative employment on medical ground on 24.01.2018.

4. Thereafter, the Applicant was referred to Howrah Orthopaedic Hospital for their opinion and decision regarding his fitness for physically handicapped category by Additional Chief Medical Superintendent (ACMS), N.F. Railway, New Jalpaiguri. There also applicant was declared medically unfit for his earlier employment requirement and was given a certificate for medical unfit category with a loss of earning capacity equivalent to 80%.

5. Vide representation dated 16.03.2021 to the DRM, N.F. Railway, Katihar the applicant requested for grant of compensatory relief for the loss of earning capacity but applicant could not receive response from the Respondents so far.

6. In additional plea the applicant has mentioned that his case is covered under Rule 10(4) of the Railway Services (Extraordinary Pension) Rules, 1993 which states as under :-

‘10(4) if t