2023 Supreme(Online)(Mad) 83407
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr Justice D. KRISHNAKUMAR
ARSHAD ALI – Appellant
Versus
THE SENIOR DIVISIONAL PERSON – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.12.2023 CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE P. DHANABAL WP No.30907 of 2023 Arshad Ali ... Petitioner versus
1.The Senior Divisional Personnel Officer/MAS Personnel Branch, Divisional Railway Manager's Office, Chennai Division, Southern Railway, NGO Annexure, Part Town, Chennai – 600 003.
2.The Assistant Personnel Officer, Railway Recruitment Cell, Southern Railway, No.5, 3rd Floor, Dr.P.V.Cherian Crescent Road, Egmore, Chennai-600008.
3.The Assistant Personnel Officer Mechanical, Divisional Office, Divisional Railway Manager's Office, Personnel Branch near Triuchirapalli Railway Junction, Triuchirapalli – 620 001.
4. The Chief Medical Superintendent, Office of the Medical Superintendent, Chennai Division, Southern Railway, Egmore, Chennai – 600 002.
5.The Principal Chief Medical Director, Southern Railway, Office of the Chief Medical Director, 4th Floor, Moore Market Complex, Park Town, Chennai- 600 003.
6.The Medical Director, Railway Hospital, Perambur, Southern Railway, Headquarters Hospital, Chennai- 600 023.
7. The Senior Divisional Medical Officer/
Health Unit/NGO/MAS, Southern Railway, Chennai -600 003.
8.The Senior Coaching Depot Officer/BBQ, Office of the Senior Coaching Depot Officer, Train Care Centre, Basin Bridge, Chennai – 600 003.
9.The Divisional Railway Manger, Divisional Office, Personal Branch, Southern Railway, Near Tiruchirapalli Railway Junction, Tiruchirapalli- 620 001.
10.The Divisional Personnel Officer, Divisional Office, Personal Branch, Southern Railway, Near Tiruchirapalli Railway Junction, Tiruchirapalli- 620 001.
11. The Registrar, The Hon'ble Central Administrative Tribunal, Chennai Bench, Chennai. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Certiorarified Mandamus, to call for the records related to the impugned order passed by the Central Administrative Tribunal, Chennai Bnech dated 10.07.2023 in OA No.310/01661/2019, to quash the same and consequently direct the third respondent to place the petitioner in the post of Assistant Loco Pilot after complying with proper medical examination concerning the post of Assistant Loco Pilot through RRB, Chennai.
For the Petitioner :Mr.L.P.Maurya For the Respondents :Mr.S.Janarhanam Senior Panel Counsel for respondents 1 to 10.
11th respondent - Tribunal
ORDER
(Order of the Court was made by D.KRISHNAKUMAR, J.)
Challenging the order in OA No.310/01661/2019 dated 10.07.2023 passed by the Central Administrative Tribunal, the petitioner has filed the present writ petition.
2. Brief facts of the case:
2.1. The petitioner was selected by the second respondent for the post of Helper/Mechanical and he joined duty on 02.12.2015 in the office of the eighth respondent. On 09.03.2016, while he was discharging his duty, he sustained an injury at Yard (Basin Bridge). He underwent proper treatment on 12.03.2016 in the seventh respondent hospital. On 22.04.2016, the seventh respondent certified him as fit for duty and his physical condition as normal. Again on instructions by the seventh respondent dated 24.10.2016, the petitioner visited the seventh respondent's office and underwent a medical examination on 28.10.2016 in the Perambur Railway Hospital and at the request of the petitioner, the Perambur Railway Hospital Doctor referred him to the Medical Board for the purpose of allotting light job for a few days. Thereafter, on 14.02.2017, the petitioner visited the fourth respondent's office and the clerk in the said office got his signature in the blank forms. He complied with the same since the office clerk informed him that only then further process would be complied with for allotting light job to the petitioner.
2.2. On 14.02.2017, the second respondent has passed an order, wherein it is stated as follows: " The above named employee was examined by the Medical Board on 02.02.2017 at Railway Hospital/Egmore and decla