Pawan Kumar vs Gm N.rly.

Court
Central Administrative Tribunal

1 (OA No. 593/2020)



CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH

Original Application No.60/593/2020
With
M.A. No.1553/2022

Decided on: 06.08.2026

CORAM : HON’BLE SH. RAMESH SINGH THAKUR, MEMBER (J)
HON’BLE MRS. ANJALI BHAWRA, MEMBER (A)


Pawan Kumar S/o Sh. Harbans Singh, aged 53 years, presently
working as Diesel Technician Grade-I (Mechanical), Diesel Shed,
Ludhiana-141002.
…Applicant
(By Advocate: Sh. Rishav Sharma)


VERSUS
1. Union of India through the General Manager, Northern
Railway, Baroda House, New Delhi-110001.

2. Divisional Railway Manager, Northern Railway, Ferozepur
Division, Ferozepur-152004.

…Respondents

(By Advocate: Sh. K.K. Thakur)

Digitally signed by Satyanarayana
Vanapalli
DN: C=IN, O=GOVERNMENT OF INDIA,
OU=CENTRAL ADMINISTRATIVE
TRIBUNAL, Phone=
6f592c8349948910e1de6c2931b0bac4a
9bb734425eb6ffc8a5e181f034b2b77,
PostalCode=342006, S=RAJASTHAN,
SERIALNUMBER=
053f205c047576d405aa21e40b02de094
53dd2ea8a478f74d402fb5b47c88e59,
CN=Satyanarayana Vanapalli
Reason: I am the author of this document
Location:
Date: 2026.08.18 09:55:50+05'30'
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ayana
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2 (OA No. 593/2020)



O R D E R(Oral)
Per: HON’BLE MRS. ANJALI BHAWRA, MEMBER (A):

1. This O.A has been filed under Section 19 of the Administrative Tribunals
Act, 1985 seeking the following reliefs:
“ii) That Annexure A/1 dated 04.12.2019 to the extent it relates to the
applicant whereby he has been posted as Store Khalasi be quashed and set
aside.
iii) The respondents be directed to adjust the applicant in the equivalent
grade pay post as per the Railway Board Policy (Annexure A/11 & A/13).”

2. The brief facts of the case as submitted by the applicant are as follows:
I. It is submitted by the applicant that the applicant joined service as
Diesel Cleaner on 04.06.1988 and was promoted as Helper Khalasi and
thereafter as Technician Grade-III, Technician Grade-II and Technician Grade-
I w.e.f. 01.11.2013 in the Pay Band of Rs.5200-20200 with GP of Rs.2800/-.
Vide letter dated 10.09.2014 (Annexure A/2), the applicant was promoted as
Technician-I Grade Pay of Rs.2800/- w.e.f. 01.11.2013 and his name appears
at Sr. No.19.

II. The applicant had road accident on 15.07.2018 while on his way to
attend duty and remained Hurt on duty from 15.07.2018 to 21.09.2019. Vide
Medical Certificate issued by the Senior Divisional Medical Officer on
12.09.2019 (Annexure A/3), he was recommended for Medical Board. As per
the opinion of the Senior Divisional Medical Officer, Northern Railway, Health
Unit, Ludhiana ‘Sh. Pawan Kumar son of Sh. Harbans Singh is unfit for his
original job of Tech-1/SSE (G) DSL/LDH in Medical category BEE-ONE due to
physical disability. The Committee recommends that “he may be given
alternative job on medical grounds in medical category CEE-ONE and below
Digitally signed by Satyanarayana
Vanapalli
DN: C=IN, O=GOVERNMENT OF INDIA,
OU=CENTRAL ADMINISTRATIVE
TRIBUNAL, Phone=
6f592c8349948910e1de6c2931b0bac4a
9bb734425eb6ffc8a5e181f034b2b77,
PostalCode=342006, S=RAJASTHAN,
SERIALNUMBER=
053f205c047576d405aa21e40b02de094
53dd2ea8a478f74d402fb5b47c88e59,
CN=Satyanarayana Vanapalli
Reason: I am the author of this document
Location:
Date: 2026.08.18 09:55:50+05'30'
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ayana
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3 (OA No. 593/2020)



where active Locomotion is not required with glasses for NV both eyes”.
Thereafter on the basis of the recommendations of the Medical Board, the
applicant was called for suitability for suitable job for him and similarly placed
employees vide letter dated 20.11.2019 (Annexure A/4). In this letter medical
de-categorized employees were examined for suitability of various categories.
The respondents have maintained a seniority list of Technician Grade-I/Mech.
Diesel Cadre with Pay Band of Rs.5200-20200/- with Grade Pay of 2800/- and
the name of the applicant has been shown at Sr. No.50 (Annexure A/5).

III. Aggrieved by the action of the respondents in adjusting the applicant as
Store Khalasi, four steps below than his present post which is against
the policy of the Railway Board, the applicant made a representation dated
26.12.2019 (Annexure A/6), requesting to adjust him in GP of Rs.2800/-
as has been done in the other similar cases . The applicant also submitted
representation dated 15.01.2020 (Annexure A/7) for his adjustment that
there are posts of Senior Photostat Operator and Material Chaser are lying
vacant suitable for him and be adjusted accordingly. The applicant also
became due for further promotion in the Grade Pay of Rs.4200/- in PB of
Rs.9300-34800/- but due to having been declared medically unfit, he was not
considered for promotion and his juniors were considered vide letter dated
12.05.2020 (Annexure A/8).

IV. Further, similarly placed employees, who were earlier offered lower job
for them vide same letter dated 04.12.2019 and 21.02.2020 and those who
were declared unfit in BEE-TWO medical category and suitable in CEE-ONE
medical category and were earlier offered job in the Grade Pay of Rs.1800/-
they have been adjusted in the same Grade Pay namely Sh. Rajesh Kumar,
Technician Grade-I earlier adjusted as Operating Peon with GP of Rs.1800/-
Digitally signed by Satyanarayana
Vanapalli
DN: C=IN, O=GOVERNMENT OF INDIA,
OU=CENTRAL ADMINISTRATIVE
TRIBUNAL, Phone=
6f592c8349948910e1de6c2931b0bac4a
9bb734425eb6ffc8a5e181f034b2b77,
PostalCode=342006, S=RAJASTHAN,
SERIALNUMBER=
053f205c047576d405aa21e40b02de094
53dd2ea8a478f74d402fb5b47c88e59,
CN=Satyanarayana Vanapalli
Reason: I am the author of this document
Location:
Date: 2026.08.18 09:55:50+05'30'
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ayana
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4 (OA No. 593/2020)



has now been adjusted as Train Lighting Fitter in same GP. Similarly, Sh.
Prince Kumar, who was provided job as Khalasi in GP of Rs.1800/- has now
been adjusted as Mill Wright Fitter in the same GP. Same is the case of Sh.
Ram Kumar, Technician-I who was earlier adjusted in GP of Rs.1800/- now
has been adjusted in same GP. Similarly Sh. Amit Kumar, who was working as
MCM, Grade Pay of Rs.4200/- and was adjusted as Works Khalasi in GP of
Rs.1800/- has been adjusted as Mill Wright Fitter in the same GP. The name
of these candidates appears at Sr. No.1 to 3 in letter dated 04.12.2019. Vide
another letter medically de-categorized staff has been reviewed medically
again and S/Sh. Kamal Kishore, Pawan Dewra, Inder Pal, who was also
working in higher grade pay and were adjusted in GP of Rs.1800/- have been
adjusted in the same grade pay in which they were working (Annexure A/9 &
A/10) respectively.

V. The Indian Railway Establishment Manual Volume-I (Revised Edition
1989) Chapter XIII pertains to Absorption of Medically Incapacitated Staff in
Alternative Employment. Substitute the following for the existing Chapter XIII
and paragraphs 1301-1311 therein: Chapter XIII Absorption of
disabled/medically de-categorized staff in Alternative Employment.

“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.

1302. Classification of Railway servants declared medically unfit:- Railway
servants acquiring disability during service and declared medically unfit are
divisible into two groups:-

(i) Those completely disabled for further service in any post in the railway,
i.e. those who cannot be declared fit even in the 'C' medical category; and

Digitally signed by Satyanarayana
Vanapalli
DN: C=IN, O=GOVERNMENT OF INDIA,
OU=CENTRAL ADMINISTRATIVE
TRIBUNAL, Phone=
6f592c8349948910e1de6c2931b0bac4a
9bb734425eb6ffc8a5e181f034b2b77,
PostalCode=342006, S=RAJASTHAN,
SERIALNUMBER=
053f205c047576d405aa21e40b02de094
53dd2ea8a478f74d402fb5b47c88e59,
CN=Satyanarayana Vanapalli
Reason: I am the author of this document
Location:
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ayana
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5 (OA No. 593/2020)



(ii) Those 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.

1303. The Railway servants both in group (i) and group (ii) of para 1302
above cease to perform the duties of the posts, they are holding from the
date they are declared medically unfit for the present post. No officer has the
authority to permit the Railway servant, concerned to perform the duties in
the post beyond that date. If such a Railway servant cannot be immediately
adjusted against or absorbed in any suitable alternative post he may be kept
on a special supernumerary post in the grade in which the concerned
employee was working on regular basis before being declared medically unfit
pending location of suitable alternative employment for him with the same
pay scale and service benefits, efforts to locate suitable alternative
employment starting immediately. The special supernumerary post so created
will stand abolished as soon as the alternative employment is located.

The relevant part of the IREM is annexed as Annexure A/11.

VI. It is further submitted by the applicant that still the Railway Board vide
its letter dated 12.06.2015 (Annexure A/12) again reiterated that when staff
is medically de-categorized, they should be considered for absorption against
suitable post in their own department at the outset and in case no posts are
available therein than such staff will be considered against ministerial post in
the RPF Department. The Railway Board has issued a Master Circular No.25
vide Railway Board No.E (NG)1/90/RE3/2 dated 19.04.1991 (Annexure A/13)
on the subject of absorption of medically de-categorized Non-Gazetted staff.
The de-categorization medical applicable to benefit has been the staffs who
are subjected to periodical medical examination. De-categorization arising out
and in the course of employment is one of the causes of medical de-
categorization as provided in para no.3 (iii). The Hon'ble High Court of
Punjab and Haryana in CWP No.18617 of 2017, 3846/2020, 7113/2020 when
employees of Railway Protection Force were sought to be adjusted on the
post of Peon, relying upon the same provisions of Rules as contained in the
Indian Railway Establishment Manual, Paragraph 1301 has stayed the
operation of the impugned orders dated 22.01.2020 (Annexure A/14 & A/15).
Digitally signed by Satyanarayana
Vanapalli
DN: C=IN, O=GOVERNMENT OF INDIA,
OU=CENTRAL ADMINISTRATIVE
TRIBUNAL, Phone=
6f592c8349948910e1de6c2931b0bac4a
9bb734425eb6ffc8a5e181f034b2b77,
PostalCode=342006, S=RAJASTHAN,
SERIALNUMBER=
053f205c047576d405aa21e40b02de094
53dd2ea8a478f74d402fb5b47c88e59,
CN=Satyanarayana Vanapalli
Reason: I am the author of this document
Location:
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6 (OA No. 593/2020)




3. Notice was issued to the respondents. The respondents filed written
statement on 15.10.2020 wherein it is submitted as follows:
i) It is submitted by the respondents that the applicant has impugned the
order dated 04.12.2019 (Annexure A/1) vide which as a result of suitability of
Medically De-categorized staff for absorption in suitable alternate categories
adjudged by the nominated Standing Committee on 20.11.2019, the applicant
has been found suitable for the post of Store Khallasi, Diesel Shed, Ludhiana
in the Grade Pay of Rs.1,800/-. The challenge to the impugned order has
been laid on the ground that Rules (Annexure A/11 and A/13) do not
envisage absorption in the lower Grade Pay on medical de-categorization. The
challenge on the aforesaid is wholly misconceived in as much as the provision
of Para 1306 of the Indian Railway Establishment Manual, Volume 1 envisage
steps to be taken for finding alternative employment and one of the step is
preparation of list of vacancies which clearly goes to show that in absence of
vacancy, the absorption can be made in the category other than the category
which the employee was holding on regular basis before being declared
medically unfit. The Rule further permits the medically de-categorized
employee to apply for a particular post for which he is likely to be deemed
suitable and is known to be vacant under any other Officer.
ii) In the present case, undisputedly, there is no vacancy and the applicant
having been found suitable in medical category Cee-One and below where
active locomotion is not required with glasses for NV both eyes, the applicant
has been re-deployed as Store Khallasi in Diesel Shed, Ludhiana in the Grade
Pay of Rs.1,800/- and his pay in terms of Para 1308 of Indian Railway
Establishment Manual, Volume I, has been protected. Hence, there is no
cause of action to the applicant for more than one reason. Firstly, there is no
Digitally signed by Satyanarayana
Vanapalli
DN: C=IN, O=GOVERNMENT OF INDIA,
OU=CENTRAL ADMINISTRATIVE
TRIBUNAL, Phone=
6f592c8349948910e1de6c2931b0bac4a
9bb734425eb6ffc8a5e181f034b2b77,
PostalCode=342006, S=RAJASTHAN,
SERIALNUMBER=
053f205c047576d405aa21e40b02de094
53dd2ea8a478f74d402fb5b47c88e59,
CN=Satyanarayana Vanapalli
Reason: I am the author of this document
Location:
Date: 2026.08.18 09:55:50+05'30'
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ayana
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7 (OA No. 593/2020)



vacancy; Secondly, the pay of the applicant has been protected; Thirdly,
there is no violation of any provision of the Rule; and Fourthly, the applicant
has neither invoked nor exercised the option available to him under Para
1306 of the Indian Railway Establishment Manual, Volume 1.
iii) The Divisional Medical Committee diagnosed the case of the applicant
as RTA with United # distal tibia (L) and # United mid shaft fibula (L) and
recommended him unfit for his original job of Tech-1 / SSE (G) DSL / LDH in
Medical Category Bee One due to physical disability. The committee
recommended that the applicant may be given alternative job on medical
ground in medical category Cee-One and below where active loco motion is
not required with glasses for NV both eyes. The said diagnosis and the
recommendations were communicated to the Applicant vide Communication
dated 12.09.2019 (Annexure A/3). There is no challenge either to the
diagnosis or to the recommendations. Hence, in absence thereof, the re-
deployment which is a consequence of this cannot be challenged under any
set of circumstances and the OA deserves to be dismissed with costs.
iv) Further, without prejudice to the aforesaid, the OA deserves to be
dismissed out-rightly in as much as the applicant pursuant to his absorption
vide order dated 04.12.2019 (Annexure A/1) has made Representation
(Annexure A/7) dated 15.01.2020 and requested for change of category from
Store Khallasi. By operation of Para 1311 of the Indian Railway
Establishment Manual, the applicant would not be entitled to the benefit of
the Rules contained under Chapter XIII of the Indian Railway Establishment
Manual. Relevant Rule is reproduced:-
"1311. Other types of cases:

(1) The staff who cases their get recommended for a change of category on
medical grounds will not get the benefit of these rules, but will be treated as
staff transferred on their own request."

Digitally signed by Satyanarayana
Vanapalli
DN: C=IN, O=GOVERNMENT OF INDIA,
OU=CENTRAL ADMINISTRATIVE
TRIBUNAL, Phone=
6f592c8349948910e1de6c2931b0bac4a
9bb734425eb6ffc8a5e181f034b2b77,
PostalCode=342006, S=RAJASTHAN,
SERIALNUMBER=
053f205c047576d405aa21e40b02de094
53dd2ea8a478f74d402fb5b47c88e59,
CN=Satyanarayana Vanapalli
Reason: I am the author of this document
Location:
Date: 2026.08.18 09:55:50+05'30'
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ayana
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8 (OA No. 593/2020)



v) The applicant has also placed reliance upon order dated 20.02.2020
(Annexure A/9 and A/10) and has also relied upon the interim orders of the
Hon'ble High Court. The reliance placed on these has no relevance as in those
cases, the employees re-deployed on Medical de-categorization are not
similarly placed like the Applicant. Hence, no benefit can be derived and the
Original Application deserves to be dismissed. The applicant has intentionally
withheld material information and has approached this Tribunal dishonestly
with unclean hands which disentitles him from claiming the relief much less
any discretionary relief as held by the Hon'ble Apex Court in the matter of
Dalip Singh Versus State of U.P. and others reported as (2010) 2 SCC
114:
"It is now well settled that a litigant who attempts to pollute the stream of
justice or who touches pure fountain of justice with tainted hands, is not
entitled to any relief, interim or final.”

vi) The diagnosis and recommendation of the Divisional Medical Committee
is matter of record to which there is no challenge. The applicant was called for
suitability after his Medical de-categorization vide letter dated 20.11.2019
(Annexure A/4) and was found suitable for the post of Store Khallasi, Diesel
Shed, Ludhiana in Grade Pay of Rs.1,800/- vide order dated 04.12.2019
(Annexure A/1). The pay of the applicant has been protected as stated herein
before in accordance with the Rules. The seniority list (Annexure A/5) pertain
to the period prior to his Medical de-categorization, hence, is of no
consequence as the applicant as a result of his medical de-categorization is
no longer member of the Tech-1 (Mechanical), DSL Cadre. The applicant has
been found suitable for the post of Store Khallasi, Diesel Shed, Ludhiana in
Grade Pay of Rs. 1,800/-. His suitability has been adjudged by committee
standing 20.11.2019. The applicant has got no right to claim a particular post
as it is the function of the nominated standing committee i.e. the expert body
Digitally signed by Satyanarayana
Vanapalli
DN: C=IN, O=GOVERNMENT OF INDIA,
OU=CENTRAL ADMINISTRATIVE
TRIBUNAL, Phone=
6f592c8349948910e1de6c2931b0bac4a
9bb734425eb6ffc8a5e181f034b2b77,
PostalCode=342006, S=RAJASTHAN,
SERIALNUMBER=
053f205c047576d405aa21e40b02de094
53dd2ea8a478f74d402fb5b47c88e59,
CN=Satyanarayana Vanapalli
Reason: I am the author of this document
Location:
Date: 2026.08.18 09:55:50+05'30'
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ayana
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9 (OA No. 593/2020)



to adjudge the suitability keeping in view the disability. The absorption in the
alternative category depends upon various factors including availability of
vacancies. The position has been explained in detail in the foregoing
paragraphs which is reiterated. The Representation made by the Applicant
takes him out from the applicability of Rules in terms of Para 1311 of the
Indian Railway Establishment Manual.
vii) It is averred by the respondents in the written statement that the
Applicant was declared medically unfit vide order dated 12.09.2019
(Annexure A/3) to which there is no challenge and thereafter, he has been
found suitable for the post of Store Khallasi, Diesel Shed, Ludhiana in the
Grade Pay of Rs.1,800/- vide order dated 04.12.2019 (Annexure A/1) and he
seizes to the be Tech-I. Hence, the question of giving him promotion in his
earlier cadre does not arise as the applicant was not in the cadre of Tech-1 on
12.05.2020 when other persons were promoted. The Rules do not envisage
absorption in the same scale / category as the re-deployment on medical de-
categorization depends upon various factors as enumerated under the Rules,
as stated herein before. The alternative post has been decided by the
nominating standing experts committee keeping in view the Medical Category,
Medical Condition and availability of vacancy. Hence, there is no
discrimination nor there is any violation of any provisions of the Rules.
viii) The applicant has reproduced the provision of Para 1301 to 1303 of the
Indian Railway Establishment Manual, which are matter of record. However, it
is submitted that the employee after medical de-categorization cannot be
utilized on the same post as the re-deployment depends upon the medical
category, medical condition and availability of vacancy etc. Annexure A-12 is
a Railway Board Letter dated 12.06.2015 which is matter of record, however,
the letter further substantiates the stance and action of the nominated
Digitally signed by Satyanarayana
Vanapalli
DN: C=IN, O=GOVERNMENT OF INDIA,
OU=CENTRAL ADMINISTRATIVE
TRIBUNAL, Phone=
6f592c8349948910e1de6c2931b0bac4a
9bb734425eb6ffc8a5e181f034b2b77,
PostalCode=342006, S=RAJASTHAN,
SERIALNUMBER=
053f205c047576d405aa21e40b02de094
53dd2ea8a478f74d402fb5b47c88e59,
CN=Satyanarayana Vanapalli
Reason: I am the author of this document
Location:
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ayana
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10 (OA No. 593/2020)



standing committee that the absorption is to be considered in their own
Department at the outset and in case no posts are available, then staff would
be considered against Ministerial Posts if such posts are available. Hence, the
Applicant in absence of any vacancy / post cannot harp upon his re-
deployment against any other post except the available post of Store Khallasi
in Diesel Shed, Ludhiana in Grade Pay of Rs.1800/- for which he has been
found suitable vide order dated 04.12.2019 (Annexure A/1). The reliance has
been placed on Master Circular No. 25 which too strengthens the case of the
Respondent Railways. The applicant has not pointed out any provision of
either Rules or of Master Circular No. 25 which supports him. The position has
been explained in detail above which is reiterated.
ix) The interim order(s) relied upon in this Sub-Para have no application in
the present case in as much as there is no vacancy and in absence thereof,
the nominated standing committee has found him suitable for the post of
Store Khallasi, Diesel Shed Ludhiana in the Grade Pay ofRs.1800/- vide order
dated 04.12.2019 (Annexure A/1) and his pay on absorption has been
protected in accordance with rules. Therefore, the respondents prayed that
the present OA be dismissed with costs.

4. The applicant has filed rejoinder wherein the applicant reiterated the
contents of the O.A and emphasized on following submissions:
i) It is stated by the applicant that the Rules Annexure A/11 and A/13
nowhere authorize the respondents to absorb the applicant in Lower Grade of
Pay . The provisions of the Rules contained in IREM 1301 to 1308 are clear in
its terms. Vide his request, the applicant has already requested the
respondents to rank his medically de-categorization case and posting him in
three steps below being not justified and to adjust him on the post of Senior
Digitally signed by Satyanarayana
Vanapalli
DN: C=IN, O=GOVERNMENT OF INDIA,
OU=CENTRAL ADMINISTRATIVE
TRIBUNAL, Phone=
6f592c8349948910e1de6c2931b0bac4a
9bb734425eb6ffc8a5e181f034b2b77,
PostalCode=342006, S=RAJASTHAN,
SERIALNUMBER=
053f205c047576d405aa21e40b02de094
53dd2ea8a478f74d402fb5b47c88e59,
CN=Satyanarayana Vanapalli
Reason: I am the author of this document
Location:
Date: 2026.08.18 09:55:50+05'30'
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ayana
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11 (OA No. 593/2020)



Photostat Operator/Material Chaser for which the vacancies are available with
the respondents. The respondents are silent whether the representation of
the applicant has been considered or not. Thus the contention of the
respondents that applicant has neither invoked nor exercise the option
available to him under para 1306 is wrong and hence denied. It is specifically
denied that the pay of the applicant has been protected. The applicant was on
rest being off day for him. However, he was called for and booked to perform
duty on 15.07.2018 and he met with accident while going to attempt duty.
Thus, the applicant is required to be treated as hurt on duty.
ii) The applicant was recommended by the Divisional Medical Committee in
Cee-One Category is not denied. There are number of vacancies available
with the respondents in Cee-One Category with the Grade Pay of Rs.2800/-on
which the applicant can be adjusted. Even if the case of the applicant is
considered under Rule 1311 the applicant is ready to accept to be treated as
staff transferred on their own request. At the cost of repetition, it is
submitted that in Annexure A/9 and A/10 the respondents themselves
changed the category when the employees were deputed in the Lower Grade
Pay namely serial No. 2 to 6 in Annexure A-9 and at serial No. 2 to 4 in
Annexure A/10. The similar treatment cannot, therefore, be denied to the
applicant. The respondents themselves re-deployed the medically de-
categorized employees who were earlier posted in the Lower Grade Pay by
changing their category and posted them in the same Grade Pay. Moreover,
as per Rule 1301 of IREM, an employee is required to be shifted to some
other post with the same pay scale and service benefit as has been done by
the respondents in the other cases, they cannot be allowed to discriminate
the applicant.
Digitally signed by Satyanarayana
Vanapalli
DN: C=IN, O=GOVERNMENT OF INDIA,
OU=CENTRAL ADMINISTRATIVE
TRIBUNAL, Phone=
6f592c8349948910e1de6c2931b0bac4a
9bb734425eb6ffc8a5e181f034b2b77,
PostalCode=342006, S=RAJASTHAN,
SERIALNUMBER=
053f205c047576d405aa21e40b02de094
53dd2ea8a478f74d402fb5b47c88e59,
CN=Satyanarayana Vanapalli
Reason: I am the author of this document
Location:
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ayana
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12 (OA No. 593/2020)



iii) The applicant has withheld material information and has approached
this Hon'ble Tribunal with uncleaned hands. Rather, it is the respondents who
are discriminating the applicant and not following their own Statutory Rules
particularly Annexure A/11. The applicant being Railway employee aggrieved
by an illegal order passed by the respondents, he is amenable to jurisdiction
of this Tribunal. The applicant is not required to challenge his medical de-
categorization once the applicant has been medically de-categorized, he is
entitled to be given alternative job as per the Policy of the Railway itself as
has been done in respect of the similarly situated persons. The applicant has
also become due for promotion in the Grade Pay of Rs. 4200/- when his
juniors have also been considered and protracted and he is therefore required
to be placed in the similar Grade Pay of Rs. 4200/- from the date junior has
been so promoted and thereafter he is again required to be re-adjusted in the
Grade Pay of Rs. 4200/- instead of Rs. 2800/-.
iv) It is averred by the applicant in the rejoinder that even as on today, the
applicant is member of Technician Cadre of Mechanical Diesel Cadre and the
contention made by the respondents contrary to this is vehemently denied.
No doubt medically de-categorized the applicant is stated to have been found
suitable for the post of Store Khallasi but as per provision of Indian Railway
Establishment Manual Rule 1301 Annexure A/11 an employee having been
declared medically shifted to the same unfit, he is required to be post on
which he was working and with the same emoluments. The respondents
themselves admitted that number of employees was posted in the Lower
Grade, they have been ordered to be posted in the same Grade Pay and their
re-deployment has been modified. After the passing of Annexure A/1, the
applicant has already made a request vide Annexure A-6 for posting him in
the Grade Pay of Rs. 2800/-and also that he be adjusted on equivalent grade
Digitally signed by Satyanarayana
Vanapalli
DN: C=IN, O=GOVERNMENT OF INDIA,
OU=CENTRAL ADMINISTRATIVE
TRIBUNAL, Phone=
6f592c8349948910e1de6c2931b0bac4a
9bb734425eb6ffc8a5e181f034b2b77,
PostalCode=342006, S=RAJASTHAN,
SERIALNUMBER=
053f205c047576d405aa21e40b02de094
53dd2ea8a478f74d402fb5b47c88e59,
CN=Satyanarayana Vanapalli
Reason: I am the author of this document
Location:
Date: 2026.08.18 09:55:50+05'30'
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ayana
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13 (OA No. 593/2020)



pay post of Senior Photostat Operator/Material Chaser as the vacancy was
available but no order considering the representation of the applicant was
passed.
v) So far as the medically de-categorization of the applicant is concerned,
the same is not under challenge required to be challenged but posting the
applicant as Store Khallasi three steps below is contrary to Rule 1301 referred
in Annexure A-13. It is denied that the applicant was not on the cadre of
Technician Grade-I on 12.05.2020 when the juniors were promoted as the
promotion was based on seniority-cum-fitness. The Rules do not envisage
absorption in the same scale category. Rule 1301 of doubt leave no scope to
this effect. Even the applicant could not be utilized on the same post and the
re-deployment depends upon the medical category since similarly placed
employees have been adjusted in the same Grade Pay and equivalent post on
which they were working before medical de-categorization and the similar
benefit cannot be denied to the applicant. No Rule has been quoted by the
respondents in this para empowering them to post medical de-categorize
employee in three step below.
vi) Further, a conjecture reading of Annexure A/3 would reveal that for the
applicant has raised a issue consideration of this Tribunal whether the
respondents can be allowed to deviate from their own provisions of the Rule.
Reference to Annexure A/13 in detail would be made at the time of
arguments which supports the case of the applicant. The interim order passed
by the Hon'ble High Court has no application in the present case is however
denied. The Hon'ble High Court after reading the provisions of Rule
1301 was pleased to stay the operation of the impugned order dated
20.01.2020. Therefore, the applicant prayed that the present OA be allowed.

Digitally signed by Satyanarayana
Vanapalli
DN: C=IN, O=GOVERNMENT OF INDIA,
OU=CENTRAL ADMINISTRATIVE
TRIBUNAL, Phone=
6f592c8349948910e1de6c2931b0bac4a
9bb734425eb6ffc8a5e181f034b2b77,
PostalCode=342006, S=RAJASTHAN,
SERIALNUMBER=
053f205c047576d405aa21e40b02de094
53dd2ea8a478f74d402fb5b47c88e59,
CN=Satyanarayana Vanapalli
Reason: I am the author of this document
Location:
Date: 2026.08.18 09:55:50+05'30'
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ayana
Vanapalli

14 (OA No. 593/2020)



5. Heard both the counsels and have read the averments and pleadings
made in the present OA.
6. The main issue in the present case is whether on medical de-
categorization an employee can be placed four steps below his original
rank when he was declared as medically de-categorized or the official
respondents are duty bound to find an equivalent post for such employees as
per their own circulars. The perusal of facts in the present OA clearly
indicates that reduction of four steps amounts to major penalty without any
reason/default of the applicant while suffering medical de-categorization.
Even though, the pay has been protected he has to be placed in equivalent
grade pay posting.
7. In view of the aforesaid and maintaining the judicial consistency as well
as the facts and merits of the case, the orders passed by the official
respondents in this case for posting the applicant as Store Khalasi (Annexure
A/1) is hereby quashed and they are directed to adjust the applicant at a
place equivalent to his Grade Pay of Rs.2800/- that he was drawing before
being declared as medically de-categorized. The needful be done within a
period of 8 weeks’ from the date of receipt of a certified copy of this order.
8. With these observations and directions as above, the OA is allowed.
Pending MAs, if any, shall stand disposed of accordingly. No order as to costs.

(ANJALI BHAWRA) (RAMESH SINGH THAKUR)
Member (A) Member (J)


/sv/
Digitally signed by Satyanarayana
Vanapalli
DN: C=IN, O=GOVERNMENT OF INDIA,
OU=CENTRAL ADMINISTRATIVE
TRIBUNAL, Phone=
6f592c8349948910e1de6c2931b0bac4a
9bb734425eb6ffc8a5e181f034b2b77,
PostalCode=342006, S=RAJASTHAN,
SERIALNUMBER=
053f205c047576d405aa21e40b02de094
53dd2ea8a478f74d402fb5b47c88e59,
CN=Satyanarayana Vanapalli
Reason: I am the author of this document
Location:
Date: 2026.08.18 09:55:50+05'30'
Foxit PDF Reader Version: 2025.2.0
Satyanar
ayana
Vanapalli