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(Open Court)

Central Administrative Tribunal, Allahabad Bench

Allahabad

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This is the 29th Day of January, 2026

Original Application No.549/2025

Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial)

Hon’ble Mr. Anjani Nandan Sharan, Member (Administrative)

Hari Ram Meena aged about 35 years Son of Shri Chawanda Ram Meena,

Medically de-categorized Loco Pilot Goods under Chief Crew Controller (Op),

North Central Railway, Mathura, Agra Division Resident of Village and Post-

Palwa, Tehsil-Rajgarh, District Alwar- 301414.

………..Applicant

By Adv: Shri Rajesh Kumar

Versus

1. Union of India through General Manager, North Central Railway,

Headquarters Office, Subedarganj, Prayagraj.

2. Divisional Railway Manager, North Central Railway, Agra.

3. Senior Divisional Electrical Engineer (Operation), North Central Railway,

Agra.

……….… Respondents

By Adv.: Shri Bashist Tiwari

O R D E R

By Justice Rajiv Joshi, Member (Judicial)

Heard Shri Rajesh Kumar, learned counsel for the applicant and Shri

Bashist Tiwari, learned counsel for the respondents.

2. Present Original Application has been filed by the applicant

under Section 19 of the Administrative Tribunals Act, 1985 seeking for

the following main relief(s):-

“a. ……… to quash and set aside the impugned order dated 15.05.2024 and

30.05.2024 (Annexure A-1)

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b. ……… to extend the benefit of order dated 15.12.2022 passed by this

Tribunal in OA No.179/2020 (Ram Babu Sharma vs. Union of India

& Ors) being applicant is similarly situated person.

c. …….. to issue an order or direction in the nature of mandamus directing

the respondents to re-screen and absorb the applicant on the

suitable non safety cadre post as per provisions of Master Circular

No.25 with all consequential benefits.

3. Learned counsel for the applicant submitted that applicant was

posted as Loco Pilot (Goods) in Loco Running Cadre and have been

declared medically unfit for Loco running cadre and decategorised from

the post of Loco Pilot Goods. Railway administration constituted a

screening committee who conducted the screening on 12.03.2024 and

absorbed the applicants on ex-cadre /tenure post of Crew Controller

against the statutory rules and Indian Railway Establishment Manual.

4. Learned counsel for applicants contended that Railway Board

issued a consolidated instructions through Master Circular No. 25 on the

subject of "Absorption of Medically de-categorised non-gazetted staff in

Alternative Jobs" in which it is clearly mentioned under para 6.8 that

Medically decategorised staff should be absorbed in suitable alternative

posts in regular cadre only and not in tenure posts.

5. Learned counsel for applicant also relied upon on the judgment

and order passed by this Tribunal in O.A. No.179/2020 (Ram Babu

Sharma vs. Union of India & Ors.), OA No.180/2020 (Devendra Singh

vs. Union of India & Ors), OA No.184/2020 (Ashok Kumar vs. Union of

India & Ors, OA No.42/2020 (Sayyed Aijaz Ali and others vs. Union of

India & Ors) and stated that in similar facts and circumstances this

Tribunal allowed all the O.A.s and directed the respondents to post the

applicants of that O.As in a suitable alternative post except the

PC/TC/CC and if suitable post is not available, create supernumerary

post in accordance with Chapter XIII of IREM Vol. 1 and Section 47 of

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Act 1 of 1996 and in the light of point No. 6.8 of the Master Circular No.

25.

6. Learned counsel for applicant prays that applicant of this O.A. is

similarly situated person to that of O.A. No.179/2020, OA

No.180/2020, OA No.184/2020, OA No.42/2020 and applicants

would be satisfied, if the similar directions may also be issued in the

instant case.

7. Learned counsel for the respondents by filing Counter Affidavit

on 12.09.2025, it is submitted that Screening of the applicant was

conducted as per provision and existing rules of Railway Master Circular

No. 25 para 6.1 and 6.2, and applicant has been allotted alternative job

of PC/TC/CC, as applicant was working in running cadre.

8. Learned co