Central Administrative Tribunal - Ernakulam
Vishnu S.P vs Indian Railways Represented By The ... on 27 November, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH
Original Application No. 281 of 2012
Tuesday, this the 27th day of November, 2012
CORAM:
Hon'ble Mr. Justice P.R Raman, Judicial Member
Hon'ble Mr. K. George Joseph, Administrative Member
Vishnu S.P., Nila, Avanavancheri (PO),
Attingal, Thiruvananthapuram-695 103. ..... Applicant
(By Advocate - Mr. M.R. Rajesh)
V e r s u s
1. Indian Railways represented by the Chairman,
Railway Board, Rail Bhavan, New Delhi-110 001.
2. The Railway Recruitment Board, Represented by its
Chairman, Office of the Railway Recruitment Board,
Thampanoor, Thiruvananthapuram-695 001.
3. Southern Railway, Represented by Divisional Personal
Officer, Divisional Office, Personnel Branch,
Palakkad-678 001. ..... Respondents
(By Advocate - Mr. K.M. Anthru)
This application having been heard on 09.11.2012, the Tribunal on
27.11.2012 delivered the following:
O R D E R
By Hon'ble Mr. K. George Joseph, Administrative Member -
The applicant who was provisionally empaneled and recommended for appointment to the post of Assistant Station Master under the 3rd respondent Southern Railway was denied appointment on the ground that he was medically unfit in classification 'A2'. The applicant's request for re-medical examination was rejected on the ground that he had undergone Lasik Surgery in both eyes and as per Indian Railway Medical Manual, 2000 Paragraph 512(9) candidates who have undergone surgical procedure for changing Corneal Curvature is unfit for 'A1', 'A2', 'A3' & 'B1' categories. Aggrieved the applicant has filed this OA for the following reliefs:-
"a) call for the records leading to the decisions contained in Annexure A8 and Annexure A12 communications and quash the same as unjust, arbitrary, illegal and unconstitutional;
b) declare that the applicant is medically fit to be appointed to the post of Asst. Station Master under the respondents and direct them to appoint the petitioner as such pursuant to Anex:A4 and Anex:A5,
c) issue such other appropriate writ, direction or order as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case,
d) Award, costs to the applicant."
2. The applicant contended that the decisions in Annexure A8 declaring that the applicant is medically unfit and in Annexure A12 rejecting the request for re-medical examination in the light of paragraph 512(9) of the Railway Medical Manual are clearly unjust, arbitrary and illegal. There is no stipulation in paragraph 512(9) of Indian Railway Medical Manual regarding Lasik Surgery. The impugned decision violates the fundamental right of the applicant under Articles 14 and 16(1) of the Constitution of India.
3. The respondents submitted that there was a clerical error in the impugned order at Annexure A12, showing paragraph 512(9) as 512(a). As per paragraph 512(9) candidates who have undergone Radial Keratotomy may not be considered for recruitment to 'A1', 'A2', 'A3' and 'B1' categories. The post of Assistant Station Master requires the medical classification 'A2'. Selection by Railway Recruitment Board does not confer upon the applicant any right of appointment in the Railways. The candidates recommended for appointment will have to pass the requisite medical fitness test conducted by the Railway administration to ensure that they are medically fit to carry out the duties connected with the posts. Radial Keratonomy and Zyoptis Laser Treatment are treatments for correcting the refractive error of cornea and to improve the vision and as such he was declared medically unfit for the post of Assistant Station Master in view of paragraph 512(9) of Indian Railway Medical Manual. The certificates of two different medical officers at Annexures A10 ad A11 confirm that the applicant had undergone surgery for correcting his vision. Lasik treatment is similar to Radial Keratotomy which alters the curvature of cornea to improve vision. The applicant had improved his vision by undergoing surgery and therefore unfit to be appointed as Assistant Station Master. As there was no error in the judgment in the earlier finding of unfitness of the applicant for the post of Assistant Station Master, in view of his correction of vision through Lasik treatment, his request for re-medical examination was rejected.
4. We have heard the learned counsel for the parties and perused the records.
5. The sole reason for denying appointment to the applicant as Assistant Station Master is that he is medically unfit in classification 'A2' which is the stipulated condition for appointment. His request for re-medical examination was turned down because his vision was corrected through Lasik treatment which is similar to Radial Keratotomy according to the respondents. The contention of the applicant is that Lasik surgery is not included under paragraph 512(9) of the Indian Railway Medical Manual. Paragraph 512(9) of Indian Railway Medical Manual is reproduced as under:-
"(9) Radial Keratotomy:
Candidates: having undergone Radial Keratotomy may not be considered for recruitment to A-1, A-2, A-3 and B-1 categories. However, candidates with such operation may be considered for recruitment in B-2 categories and below, if otherwise medically fit.
Employees: working in categories A-1, A-2, A-3 and B-1, who hve undergone Radial Keratotomy should not be allowed to work on Rajdhani and Shatabdi Express. However, for eligibility to work on other trains, the periodical medical examination of such employees should be conducted at half the prescribed intervals of the PMEs. Such employees in categories B-2 and below may however be medically passed with this operation."
6. Candidates who have undergone Radial Keratotomy may not be considered for recruitment to 'A1', 'A2', 'A3' and 'B1' categories. Lasik surgery is not stated in paragraph 512(9). Whether Lasik treatment and Radial Keratotomy are one and the same can be decided only by a panel of experts. As per Annexures A10 and A11 medical certificates his normal colour vision and his eye condition and vision are stable till now after the Lasik treatment on 4.3.2009. It is a non-progressive condition. As per paragraph 512(9) those Railway employees working in category 'A1', 'A2', 'A3' and 'B1' who have undergone Radial Keratotomy should not be permitted to work on Rajdhani and Shatabdi Express. However, for eligibility to work on other trains, the periodical medical examination of such employees should be conducted at half the prescribed interval.
7. In the conspectus of the facts and circumstances of this case, we are of the considered view that a special medical board may be constituted for the purpose of determining the medical classification of the applicant for the purpose of appointment to the Post of Assistant Station Master taking into account the fact that the applicant has undergone Lasik Surgery, the medical certificates at Annexures A10 and A11 and the stipulation under paragraph 512(9) of Indian Railway Medical Manual in respect of candidates and employees and other relevant aspects. Based on the declaration of the special medical board further action in the matter of appointment of the applicant as Assistant Station Master may be taken by the respondents. Ordered accordingly. The respondents should take appropriate action in this regard within a period of three months from the date of receipt of a copy of this order.
8. Original Application stands disposed of. No costs.
(K. GEORGE JOSEPH) (JUSTICE P.R RAMAN) ADMINISTRATIVE MEMBER JUDICIAL MEMBER "SA"