Medically de-categorized railway staff must be absorbed in regular non-safety posts, with supernumerary posts created if necessary.

The applicant was appointed as a Loco Pilot Mail on 20 April 2009 and was subsequently working as a Loco Pilot Goods in the pay grade of ₹4,200.

He developed Motor Neuron Disease and was declared medically unfit for the Aye-1 category. The Medical Board found him fit only for a post not involving heavy or frequent use of his left limb.

Pursuant to the medical opinion, he was temporarily engaged in the RDI/IDH Department and was working as Office Superintendent under the RDI/Incharge, Idgah, Agra Cantt.

However, following screening, he was posted as Traction Loco Controller (TLC) by order dated 20 June 2019. He declined to join and requested absorption as Office Superintendent.

The respondents subsequently initiated re-screening of medically de-categorised staff and included the applicant among employees who had declined postings as PCOR/CCOR/TLC.

His representation seeking re-screening was rejected by order dated 23 April 2025, leading to the present Original Application under Section 19 of the Administrative Tribunals Act, 1985.

Whether the rejection of the applicant’s representation by order dated 23 April 2025 was sustainable when the applicant, having been medically de-categorised, was required to be absorbed in a suitable regular non-safety post rather than being posted as TLC/PC/TC/CC?

Whether the applicant was entitled to re-screening and absorption in a suitable alternative regular-cadre post, or creation of a supernumerary post if no suitable post was available, under Master Circular No. 25, Chapter XIII of IREM Volume I and Section 47 of the Persons with Disabilities legislation?

The Tribunal applied paragraph 6.8 of Railway Board Master Circular No. 25, which requires medically de-categorised staff to be absorbed in suitable alternative posts in the regular cadre and not in tenure posts.

It relied on Chapter XIII of IREM Volume I and Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, under which an employee acquiring disability or becoming medically unsuitable for the existing post must be shifted to a suitable alternative post, with service protection and, where necessary, placement against a supernumerary post.

The Tribunal followed its earlier decisions in Ram Babu Sharma v. Union of India & Ors., OA No. 179/2020, and connected matters, which directed posting of medically de-categorised railway employees in suitable alternative non-safety posts, excluding PC/TC/CC, or creation of supernumerary posts if no suitable vacancy existed.

Those principles were noted as having been affirmed by the Allahabad High Court in Writ-A No. 8980 of 2023 and connected proceedings.

The Tribunal found that the applicant’s case was materially identical to the earlier matters in which medically de-categorised running staff had been denied suitable regular non-safety posts and instead offered PC/TC/CC-related positions.

Although the respondents relied on the Screening Committee’s recommendation, the Tribunal held that such recommendation could not override paragraph 6.8 of Master Circular No. 25, particularly when the relevant posts were treated as safety-category or tenure-related posts and the applicant’s medical condition restricted him from the duties associated with his former category.

Since the earlier Tribunal decisions had directed absorption in a suitable non-safety post, and those decisions had been upheld by the High Court, the applicant was entitled to the same treatment as a similarly situated employee.

The rejection order dated 23 April 2025 was therefore inconsistent with the governing Railway instructions and the protections available to medically de-categorised employees.

The Tribunal quashed the order dated 23 April 2025 insofar as it related to the applicant.

The respondents were directed to post him in a suitable alternative post, excluding PC/TC/CC.

If no suitable post was available, they were directed to create a supernumerary post in accordance with Chapter XIII of IREM Volume I, Section 47 of the 1995 disability legislation, and paragraph 6.8 of Master Circular No. 25.

The exercise was required to be completed within two months from receipt of the order.

No order as to costs was made, and pending miscellaneous applications, if any, were disposed of.