Medically de-categorized staff must be absorbed in regular, non-tenure posts as per Master Circular 25.

The applicant, Hari Ram Meena, was a Loco Pilot (Goods) who became medically unfit for his position and was de-categorised from the Loco running cadre.

A screening committee conducted on March 12, 2024, absorbed the applicant on an ex-cadre/tenure post of Crew Controller.

The applicant challenged this absorption, contending that it violated statutory rules and the Indian Railway Establishment Manual (IREM), specifically Master Circular No. 25, which stipulates absorption in regular cadre only, not tenure posts.

The respondents argued that the screening and alternative job allocation were conducted per existing rules under Master Circular No. 25, paras 6.1 and 6.2.

Whether the absorption of the medically de-categorised applicant into a tenure post such as Crew Controller (PC/TC/CC) by the respondents violates Master Circular No. 25 and other relevant rules.

Whether the applicant is entitled to be absorbed in a suitable alternative regular cadre post, and if not available, for a supernumerary post to be created, consistent with previous Tribunal judgments affirmed by the High Court.

The Tribunal primarily applied Section 19 of the Administrative Tribunals Act, 1985, for the filing of the application.

It heavily relied on Master Circular No. 25, particularly para 6.8, which mandates that "Medically decategorised staff should be absorbed in suitable alternative posts in regular cadre only and not in tenure posts".

Further, it applied Chapter XIII of IREM Vol. 1 and Section 47 of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995, which protect the service of medically de-categorised staff and allow for placement in the same pay scale or creation of supernumerary posts.

The Tribunal also drew heavily upon its previous rulings in O.A. No. 179/2020 (Ram Babu Sharma v. Union of India & Ors.), O.A. No. 42/2020 (Sayyed Aijaz Ali & Others v. Union of India & Others) and the High Court of Judicature at Allahabad's affirmation of these rulings in Writ–A No. 8980 of 2023 and Writ–A No. 7949 of 2023.

The Tribunal found that the absorption of the applicant into the tenure post of Crew Controller (PC/TC/CC) directly contravened para 6.8 of Master Circular No. 25, which explicitly prohibits placing medically de-categorised staff in tenure posts, requiring instead absorption in regular cadre posts.

It noted that placing the applicant in a tenure post would lead to loss of future seniority, promotion opportunities, and ultimately, monetary and pensionary benefits.

The Tribunal emphasized that the issue was squarely covered by its prior decisions in cases like O.A. No. 179/2020 and O.A. No. 42/2020, which were based on similar facts and circumstances.

Crucially, the High Court of Judicature at Allahabad had already affirmed these Tribunal decisions, confirming that medically de-categorised employees must be posted in suitable alternative non-safety category posts, and if unavailable, supernumerary posts must be created in accordance with Chapter XIII of IREM Vol. 1 and Section 47 of Act 1 of 1996.

The Tribunal also noted that the post of PC/TC/CC now falls under the safety category, rendering it unsuitable for the de-categorized employee as per the High Court's observations in relevant writ petitions.

The impugned orders dated May 15, 2024, and May 30, 2024, were quashed.

The respondents were directed to post the applicant in a suitable alternative post, excluding PC/TC/CC (Power Controller/Train Controller/Crew Controller), and if no suitable post is available, to create a supernumerary post in accordance with Chapter XIII of IREM Vol. 1 and Section 47 of Act 1 of 1996, and in light of point No. 6.8 of Master Circular No. 25.

This exercise must be completed within two months from the date of receipt of the order.