Facts
The applicant, D. Biju, an Office Superintendent under the Southern Railway, was medically de-categorized, leading to the institution of two Original Applications.
Source reference: p.3In O.A No. 303/2020, challenging Annexure A1, status quo was ordered.
Source reference: p.3O.A No. 30/2020, filed by a fifth party without including the applicant, resulted in an absolute stay of Annexure A3.
Source reference: p.3The applicant's attempts to modify this order were unsuccessful, leading to OP (CAT) No. 163/2020, where the Hon'ble High Court modified the Tribunal's order.
Source reference: p.3O.A No. 303/2020 was subsequently disposed of by Annexure A12.
Source reference: p.3During these proceedings, the applicant remained absent from duty, raising questions regarding his seniority and the regularization of his absence.
Source reference: p.3The period of absence consisted of two spells: 14.07.2020 to 03.08.2020 (claimed medical leave) and 04.08.2020 to 24.01.2021 (claimed prevention from duty).
Source reference: p.4-5Issues
1. Whether the applicant's seniority should be allowed with reference to the length of service rendered in the corresponding grade before medical de-categorization.
Source reference: p.3-42. Whether the applicant's first spell of absence from 14.07.2020 to 03.08.2020 should be regularized as leave on medical ground.
Source reference: p.43. Whether the applicant’s second spell of absence from 04.08.2020 to 24.01.2021 should be regularized as leave due and available to him.
Source reference: p.5Law Applied
The court primarily referenced paragraphs 1304 and 1310 of the Indian Railway Establishment Manual Vol. I for determining seniority in cases of medical de-categorization.
Source reference: p.4It further considered the Railways' Leave Rules for the regularization of absence.
Source reference: p.5The principle that a party's grievance, if taken in the right spirit by the respondents, should lead to an appropriate order was also a guiding factor.
Source reference: p.5Reasoning
The Tribunal noted the respondents' submission that the applicant's seniority would be allowed with reference to his length of service in the corresponding grade before being declared medically unfit, as per IREM paragraphs 1304 and 1310.
Source reference: p.4This statement effectively addressed the applicant's grievance regarding seniority.
Source reference: no citationFor the first spell of absence, the court found that the initial defect in the medical certificate was later cured, making regularization as medical leave appropriate.
Source reference: p.4Regarding the second spell of absence, the court acknowledged the scope for confusion due to conflicting interim orders from the Tribunal itself (status quo in O.A. No. 303/2020 versus the applicant being relieved by Annexure A8).
Source reference: p.5Given this confusion and the respondents' stated willingness to address the grievance, the Tribunal directed them to proactively consider the applicant's representation in line with IREM and Leave Rules for regularization.
Source reference: p.5Holding
The Original Application was disposed of.
The applicant's grievance regarding seniority has been partly allowed, and the respondents are directed to issue consequential orders in terms of their statement that his seniority will be allowed with reference to the previous posting prior to medical de-categorization.
Source reference: p.4-5The first spell of absence from 14.07.2020 to 03.08.2020 shall be regularized as leave on medical ground as per the Rules.
Source reference: p.4The respondents are directed to consider the applicant's representation (Annexure A14) and regularize the second spell of absence from 04.08.2020 to 24.01.2021 as leave due to him and available to him, within two months from the date of receipt of the order.
Source reference: p.5-6No costs were awarded.
Source reference: p.6Original Court PDF
D BIJUvsTHE GENERAL MANAGER SOUTHERN RAILWAY HQ OFFICE PARK TOWN CHENNAI
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