VS Sivakumar vs SOUTHERN RAILWAY

CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A No. 180/00258/2023

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Friday this the 16 day of October, 2026
CORAM:
HON'BLE Mr. JUSTICE K. HARIPAL, JUDICIAL MEMBER
HON'BLE Mr. BRAJ MOHAN AGRAWAL, ADMINISTRATIVE MEMBER
V.S. Sivakumar, aged 39 years,
S/o S. Vijayan(Late),
General Assistant, O/o the Senior Divisional Operations Manager,
Southern Railway, Thiruvananthapuram Division,
Thiruvananthapuram-695 014
Residing at : Madathuvilakathu Veedu,
Vazhikalampadu, Chemparuthy Vilai P.O.,
Kanyakumari District-629 166 - Applicant
[ By Advocates : Mr. T.C. Govindaswamy, Mrs. Kala T. Gopi, Mr.
Kailesh T. Gopi, Mr. Sudhir Kumar B and Mrs. Nishitha
Balachandran ]
V e r s u s
1. Union of India, represented by
The General Manager, Southern Railway,
Headquarters Office, Park Town P.O,
Chennai-600 003
2. The Senior Divisional Operations Manager,
Southern Railway, Thiruvananthapuram Division,
Thiruvananthapuram-695 014
3. The Senior Divisional Personnel Officer,
Southern Railway, Thiruvananthapuram Division,
Thiruvananthapuram-695 014
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O.A No. 180/00258/2023
4. The Divisional Railway Manager,
Southern Railway, Thiruvananthapuram Division,
Thiruvananthapuram-695 014 - Respondents
[ By Advocates: Ms. Thanuja Roshan George ]
The Original Application having been heard on 05.10.2026 the Tribunal on
16.10.2026 delivered the following:
O R D E R
Per: Mr. Braj Mohan Agrawal, Administrative Member
The applicant is a medically decategorized Pointsman A in Level-2 of the
pay matrix in the Traffic/Operating Department of Southern Railway ,
Thiruvananthapuram Division. The applicant is aggrieved by the orders by which
he has been granted an alternate appointment to a post, lower in rank i.e.
General Assistant (erstwhile Peon), contrary to the provisins of Section 20 of the
Right of Persons with Disabilities Act, 2016 (PWD Act) and also Railway Board
orders on the subject.
2. The applicant submits that Annexures A-1 and A-2, to the extent, they
reduce applicant's rank and posting him as General Assistant, which carries the
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O.A No. 180/00258/2023
scale of pay in Level-I of Pay matrix is ultravires Section 20 of the PWD Act, 2016
and para 1301, 1305, and 1306 of Chapter XIII of IREM Vol.I and hence violative
of the Constitutional guarantees enshrined in Articles 14, 16 and 21.
3. As per the applicant, he commenced his service as a Pointsman B on
07.09.2012 in GP – Rs.1800/-, PB-1 and was later promoted as Pointsman A in
Level-2 of the Pay matrix on regular basis and the applicant was holding the said
post. Pointsman A has the erstwhile PB-1 +GP Rs.1900/-, equivalent to the post
of Lower Division Clerk. While so, in the month of February-March, 2022 the
applicant was laid up due to severe heart diseases and after treatment, the
Standing Medical Board constituted at the Railway Hospital, Pettah,
Thiruvananthapuram on 21.04.2022 after examining found him unfit in Aye Two
category as Pointsman A and fit for Alternate Employment on Medical Ground
(AEMG) in Bee One and below category in jobs not involving work in tracks, train
running and train passing duties (Annexure A-4).
4. Subsequently, by Memorandum bearing No.V/P.II/XII/AEMG/Vol-4 dated
09.06.2022 (Annexure A-6), the applicant was proposed to be absorbed as
Assistant Works in Engineering Department (earlier designation Helper, still
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O.A No. 180/00258/2023
earlier-Khalasi) (Annexure-A6). Annexure-A6 was contrary to the provisions of
Section 20 of the PWD Act, 2016 and the same was also opposed to Chapter XIII
of the Indian Railway Establishment Manual, Vol.I. Therefore, the applicant
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submitted a representation dated 13.06.2022 (Annexure-A7) addressed to the 3
respondent-Divisional Personnel Officer requesting that he may be given a
posting in the Operating Branch as Train Clerk or suitable post in the Divisional
Ofice/Thiruvananthapuram itself (the scale of pay attached to the post of Train
Clerk is Level-2 of the pay matrix)(Annexure A-7).
5. The representation of the applicant was rejected by Annexure-A8 order
dated 28.06.2022. The applicant made further representations Annexure-A9 and
A-10 dated 18.07.2022 and 27.08.2022 respectively, specifically stating that the
post of General Assistant carry only Level-1 and he may be given posting carrying
level-II of the pay matrix. The applicant was relieved vide Annexure-A11 dated
10.09.2022 to take up the posting as General Assistant in operating branch. The
applicant made another representation, Annexure-A12 dated 03.11.2022 to
consider him for Train Clerk on adhoc basis and depending on his performance to
be absorbed as Train Clerk or any clerical cadre, if found suitable after passing the
prescribed selection tests/training, followed up by Annexure-A13 representation
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O.A No. 180/00258/2023
dated 04.01.2023, which was rejected by Annexure A-14 order dated 15.02.2023,
stating that on the recommendations of the Screening Committee a suitable
alternative post as General Assistant in Pay Matrix Level-1 under the operating
branch, protecting his existing pay including Pay Matrix Level-2, service and
seniority in the new post as per provisions of Chapter-13, para -1308 to 1310 of
IREM Vol.-I has been allotted to him. There is no alternative post available other
than the post already allotted and once absorbed, no change in posting is
possible.
6. Aggrieved by Annexures A-1, A-2 and A-14 orders, the applicant filed the
Original Application and sought the following reliefs:-
(i) Call for the records leading to the issue of Annexures A-1,
A-2 and A-14 and quash the same to the extent they relate to the
applicant
(ii) Call for the records leading to the issue of Annexure A-3 and
quash the same to the extent it proposes to fill one vacancy of
Junior Clerk cum Typist in Level 2 of the Pay Matrix in the
Operating Department, without considering the applicant for
absorption against the said post
(iii) Declare that the non-feasance on the part of the
respondents to consider the applicant for absorption against the
post of Junior Clerk-cum Typist or in any other post carrying the
same scale of pay in level-2 of the Pay Matrix is arbitrary,
discriminatory and unconstitutional
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O.A No. 180/00258/2023
(iv) Direct the respondents to consider and absorb the applicant
as Junior Clerk cum Typist in the Operating Department, in Level-2
of the Pay Matrix or in any other equivalent post, within a time
frame as may be found just and proper will all consequential
benefits emanating therefrom
7. The respondents in their reply statement submit that the applicant was
called for the screening to be conducted on 01.06.2022 for alternative
employment on Medical Grounds (Ann.A5). Based on the recommendations of
the committee and after holistic consideration of his medical fitness and the
requirements of administration, Ann.A6 order dated 09.06.2022 was issued,
absorbing the applicant in the post of Assistant Works in Engineering
Department.
The applicant submitted a representation dated 18.07.2022 (Ann.A9),
requesting to post him as Junior Clerk or as Office Assistant. Accordingly, the
applicant was called again for the screening to be conducted on 04.08.2022 for
alternative employment on Medical Grounds. Based on the same, Ann.Al order
dated 19.08.2022 was issued absorbing the applicant in the post of General
Assistant in Operating Department.
8. Rebutting the contention of the applicant, the respondent submitt that as
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O.A No. 180/00258/2023
per Annexure-A3 notification dated 16.12.2022 for filing up the vacancy of junior
Clerk in Pay Matrix Level-1 under LDCE quota, the applicant applied for the above
selection, appeared in the written examination, which was conducted on
29.05.2023. But he failed to qualify the written examination. Thereafter, the
applicant again applied against the notification dated 08.07.2023 for filling up the
vacancy of Junior Clerk in Pay Matrix, Level-2 against Departmental Promotion
quota in which also he failed to qualify in the written examination.
9. Considering the provisions contained in paras 1304, 1308 to 1310 (Chapter
XIII, IREM Vol.I) , the alternative posting of the applicant on medical grounds as
General Assistant in Operating Department is correct and is not liable to be
interfered with.
10. We heard Mr. Vipin Varghese representing Mr. T.C. Govindaswamy, learned
counsel for the applicant and Ms. Thanuja Roshan George, learned counsel for
the Respondents. Perused the records.
11. This Tribunal had earlier examined an identical case in OA No. 137/2024
and disposed of on 05.08.2026. The relevant findings in that OA are reproduced
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O.A No. 180/00258/2023
below:-
“13. Though the learned counsel for the applicant vehemently relied
on the PWD Act, 1995 and 2016, we do not propose to go into the
question of applicability of the Act in relation to medically
decategorized persons, since IREM itself has taken care of the cases of
medically decategorized persons.
15. In this regard the crucial question is in relation to the alternate
employment to be offered to the applicant as contemplated under the
various provisions of IREM. It is also pertinent to note that by virtue of
Annexure A1, the applicant is offered an alternate employment which
does not carry the same pay. Clause (5) of Annexure A1 further states
that the applicant along with others are absorbed into the new unit
under alternative employment on medical grounds on bottom
seniority. He loses his seniority also accordingly. In this regard, it is
essential to refer to the relevant provisions of IREM, a copy of which
was produced as Annexure A11. Chapter XIII deals with the absorption
of disabled/medically decategorized staff in alternative employment.
Paragraph 1301 provides as follows:
“1301. A Railway servant who fails in a vision test
or otherwise by virtue of disability acquired during service
becomes physically incapable of performing the duties of
the post which he occupies should not be dispensed with or
reduced in rank, but should be shifted to some other post
with the same pay scale and service benefits.”
(emphasis supplied)
16. Paragraph 1302 deals with classification of Railway servants who
are declared medically unfit. The first category is those who are
completely disabled for further service in any post in the Railway and
secondly those who are disabled/incapacitated for further service in the
post they are holding, but declared fit in a lower medical category and
eligible for retention in service in posts corresponding to this lower
medical category. Paragraph 1304 provides that disabled medically
decategorized staff shall be absorbed in a post which they can
adequately fill. Elaborate procedure for identifying the posts for
employment of medically handicapped persons, creation of
supernumerary posts, steps to be taken for finding alternative
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employment and other details are provided in the various paragraphs
that follow it.
17. As mentioned earlier, paragraph 1301 specifically states that the
applicant should be shifted to some other posts “with the same pay
scale and service benefits”. In this regard Annexure A1 suffers from two
vitiating factors. Firstly, that he has not been offered an alternative job
with the same pay scale and service benefits. Though the learned
counsel for the respondents contended that his pay will be protected,
the specific provisions in the Rules should be strictly complied.
23. A recapitulation of the entire facts mentioned earlier clearly
shows that the applicant has not been accommodated in accordance
with the relevant provisions of the IREM. To that extent Annexure A1 in
so far as posting the applicant to a post lower than the post held by him
is liable to be quashed. Accordingly, Annexure A1 is quashed to the
above limited extent. The respondents are directed to pass appropriate
orders appointing the applicant on an alternative post with the same
pay scale and service benefits as that of the post held at the time of
medical de-categorization. The orders shall be passed as expeditiously
as possible at any rate within a period of two months from the date of
receipt of a copy of this order. The interim order granted by this Tribunal
will continue till appropriate orders are passed by the competent
authority as per this order. MA 869/25 closed.
12. Thereafter, another OA dealing with similar matter was finalized by
this Tribunal in OA No.67/2022 on 07.08.2026 and the railway
administration was directed to offer the applicant therein a post which
carries the same pay scale and service benefits as stipulated in paragraph
1301 of IREM.
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13. Having failed in written examination for the post of Junior Clerk cum
Typist against LDCE quota (Annexure A-3), the applicant cannot lay any
claim for this post. The rules provide for appointment to some other
suitable post only with the same pay scale and service benefits. Therefore,
MA No.642/2026 stands closed.
In the factual matrix of the case, our findings in OA No.137/2024
decided on 05.08.2026 are squarely applicable in the instant case.
Therefore, we quash Annexures-A1, A-2 order in respect of the applicant
and Annexure-A14 and direct the respondents to pass appropriate orders
appointing the applicant on an alternative post with the same pay scale and
service benefits as that of the post he held at the time of medical de-
categorisation. The orders shall be passed as expeditiously as possible at
any rate within a period of two months from the date of receipt of a copy of
this order.
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14. The Original Application is allowed to the above extent. No order as
to costs.
th
(Dated the 16 October, 2026)
( BRAJ MOHAN AGRAWAL) (JUSTICE K. HARIPAL)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
va
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O.A No. 180/00258/2023
Annexures OA./180/00258/2023

Annexure A-1- A true copy of the Memorandum bearing
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No.V/P.II/XII/AEMG/Vol.-V dated 19.08.2022, issued by the 3 respondent
Annexure A-2- A true copy of the Office Order No.43/2022/PG dated
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01.09.2022, issued by the 3 respondent
Annexure A-3- A true copy of the notification bearing
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No.V/P.608/XII/LDCE/Jr. Clerk ( 16 2/3%) dated 16.12.2022 issued by the 3
respondent
Annexure A-4- A true copy of the Certificate issued by the Chief Medical
Superintendent, Thiruvananthapuram Central under No.V/MD.84/I/UF dated
22.04.2022
Annexure A-5 - A true copy of the letter bearing No.V/P.II/XII/AEMG/Vol-IV
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dated 24.05.2022, issued by the 3 respondent
Annexure A-6 - Memorandum bearing No.V/P.11/XII/AEMG/Vol.-4 dated
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09.06.2022 issued by the 3 respondent
Annexure A-7 - A true copy of the representation dated 13.06.2022
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addressed to the 3 respondent
Annexure A-8 - A true copy of the letter bearing No.V/P.II/XII/AEMG/Vol.-4
dated 20.06.2022
Annexure A-9- A true copy of the representation dated 18.07.2022
Annexure A-10 - A true copy of the representation dated 27.08.2022
addressed to the third respondent
Annexure A-11 - True copy of letter bearing No.NCJ/PM/2022/09/01 dated
10.09.2022
Annexure A-12 - A true copy of the representation dated 03.11.2022
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Annexure A-13 - A true copy of the representation dated 04.01.2023
addressed to the Additional Divisional Railway Manager, Southern Railway,
Thiruvananthapuram
Annexure A-14 - A true copy of the letter bearing No.SR-TVC0PB/165/2021
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dated 15.02.2023, issued by the 3 respondent
Annexure A-15 - A true extract of Chapter XIII of the IREM Vol.I
Annexure A-16 - A true copy of the communication bearing
No.V/P.II/XII/AEMG/Vol.-V dated 15.04.2024, issued by the third respondent
Annexure A-17 - A true copy of the Memorandum bearing No.SR-
TVC0PB/165/2021(146831) dated 03.05.2024 issued by the third respondent
Annexure A-18 - A true copy of the vacancy position bearing No.V/T.20
TVC/03 of the Traffic Department as on 04.03.2024 in the office of the Senior
Divisional Operations Manager
Annexure A-19 - A true copy of the RBE No.89/1999 dated 29.04.1999
Annexure A-20 - A true copy of the RBE No.92/2002 dated 26.06.2002
Annexure A-21- A true copy of the RB order No.E(NG)I-2001/RE-3/5 dated
04.03.2002
Annexure A-22 - A true copy of the RBE No.159/2002 dated 18.09.2002
Annexure A-23 - A true copy of the RBE No.93/2005 dated 31.05.2005
Annexure A-24 - RBE No.4/2007 dated 04.01.2007
Annexure A-25 - A true copy of the RBE No.14/2012 dated 03.02.2012
Annexure A-26 - A true copy of the RBE No.112/2003 dated 30.06.2023
*
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Annexure MA1- A true copy of the Memorandum No.issued by the 3
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O.A No. 180/00258/2023
respondent SR-TVC0PB/165/2021 (146831) dated 03.05.2024
Annexure MA2 - A true copy of the notification bearing No.V/P.535/II/Office
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Clerks dated 10.06.2026 issued by the office of the 3 respondent
Annexure MA3 - A true copy of the letter No.V/P.535/II/Office Clerks dated
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09.07.2026 from the office of the 3 respondent
*
Annexure R1(A)- True copy of Master Circular No.25 issued by the Railway
Board
Annexure R1(B)- True copy of RBE 78 of 2005 dated 09.05.2005 issued by the
Railway Board

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