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Item 49 (C-VI)

OA No.1495/2023

Central Administrative Tribunal

Principal Bench, New Delhi

O.A. No.1495/2023

Order reserved on : 26.05.2026

Order pronounced on: 06.07.2026

Hon’ble Mr. Rajveer Singh Verma, Member (J)

Sanjay Kumar,

s/o Late Sh. Shyam (Ex House keeping Asst.),

age about 30 years,

HNo.E-62-D, Railway Colony, Tokriwalan,

Delhi-11006.

…Applicant

(By Advocate : Shri B.C. Nagar)

VERSUS

RACHNA KAPOOR

Digitally signed by

RACHNA KAPOOR

1. Union of India through the General Manager,

Northern Railway, Baroda House,

New Delhi-110001.

2. DRM, DRM‟s Office,

State Entry Road,

New Delhi,11006.

...Respondents

(By Advocate : Shri Dilbagh Singh)

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Item 49 (C-VI)

OA No.1495/2023

O R D E R

The brief facts of the case indicate that the

applicant‟s father, Late Shri Shyam, who worked as a

House Keeping Assistant under the respondents,

passed away due to sickness on 11.03.2020. Following

his demise, the applicant‟s mother, Smt. Vimla,

requested a compassionate ground appointment for the

applicant. The applicant was subsequently issued a

medical memo No.389723 on 16.07.2020, for medical

categories Aye-two and below. However, during the

medical examination, the Chief Medical

Digitally signed by

RACHNA KAPOOR

RACHNA KAPOOR

Superintendent/DLI Hospital declared the applicant

medically unfit in all categories on 21.07.2020, due to

uncontrolled Diabetes Mellitus and uncontrolled

Hypertension, which were noted as progressive

diseases. This decision was formally communicated to

the applicant via a letter dated 18.08.2020.

2. Learned counsel for the applicant contended that

the action of the respondents is illegal, arbitrary, and

in violation of the principles of natural justice and the

Ministry of Railways Railway Board Policy circular

number 2014/H/5/8/Policy dated 31.12.2015.

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Item 49 (C-VI)

OA No.1495/2023

Learned counsel for the applicant submitted that

under the guidelines of this policy, when a candidate is

found unfit on grounds such as diabetes or

hypertension, the medical examiner is required to refer

the findings to a three-member standing medical board

for an immediate examination. He asserted that the

respondents deliberately bypassed this procedure and

failed to place the case of the applicant case before the

three-member board. To challenge the unfitness report,

the applicant submitted an initial fitness certificate

from Dr. Satish Kumar Satija on 25.09.2020, followed

by a request for re-examination on 29.09.2020.

Digitally signed by

RACHNA KAPOOR

RACHNA KAPOOR

Although his case was forwarded to the Chief Medical

Director of Northern Railway on 03.11.2020, and

02.12.2020, it was rejected by the Chief Health

Director on 22.12.2020, as progressive diseases are

generally regretted, which was communicated via the

impugned letter dated 06.01.2021. The applicant later

submitted subsequent laboratory results and

certificates from Government institutions, specifically

from the Directorate of Health Services on 27.11.2021,

and Lok Nayak Hospital on 09.06.2022, showing

normal blood sugar levels. He submitted a further

online representation on 15.06.2022, which went

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Item 49 (C-VI)

OA No.1495/2023

unanswered or was summarily rejected, prompting the

filing of the present OA seeking the following relief(s) :-

“(i) Hon’ble Tribunal may graciously be pleased

to pass an order of quashing the impugned

orders dated.06.01.2021( Annexure A/1)

declaring to the effect same is illegal, arbitrary

and against the principle of natural justice and

consequently pass an order directing to

consider request for re medical examination

under board of three members as per guide

line of Railway Board.

(ii) any other relief, which this Hon’ble Tribunal

may deem fit, just and proper in the

circumstances of the case, may also be passed.

(iii) cost of the present case may be awarded in

favor of the Applicant and against the

Respondents.”

Digitally signed by

RACHNA KAPOOR

RACHNA KAPOOR

3. In support of his contentions, the learned counsel

for the applicant relied upon judicial precedents,

specifically invoking the head of Vested Rig