Central Administrative Tribunal - Jabalpur
Anand Kumar Yadav vs M/O Railways on 3 December, 2025
1 O.A.No. 203/00101/2020
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
CIRCUIT SITTINGS:- BILASPUR
Original Application No.203/00101/2020
Jabalpur, this Wednesday, the 3rd day of December, 2025
HON'BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE MS MALLIKA ARYA, ADMINISTRATIVE MEMBER
Anand Kumar Yadav S/o late Shri Arjun Lal Yadav
aged about 42 yrs. presently Working as TTI in SECR Bsp.
R/o Shankar Nagar Near Radhakrishna temple
Bilaspur C.G. PIN-495004 Mo.No. 7869127602
-Applicant
(By Advocate -Shri Vijay K Deshmukh)
Versus
Digitally signed by RAJUL NAMDEO
DN: C=IN, O=Personal, PostalCode=
RAJUL 1. Union of India Through The Secretary,
482004, L=Jabalpur, S=Madhya
Pradesh, STREET="3850, Shubhash
Nagar Aadhartal, Andhuwa, Jabalpur
Madhya Pradesh India 482004", T=
9136, Phone=
Ministry of Railway, Railway Bhawan,
e125d5860c1f7a1e0a12bbccc5e95020
NAMD4860d7795912c018822fac86d32130fe,
SERIALNUMBER=
ea8eccfd52644dcb30af620f19c18d396
62134c765dec84aec2c142b41c6e609,
Rafi Marg New Delhi 110001
[email protected], CN=RAJUL
NAMDEO
EO Reason: I am the author of this
document
Location:
Date: 2025.12.09 15:27:08+05'30'
Foxit PDF Reader Version: 2024.3.0
2. The General Manager 5th Floor New GM Building
South East Central Railway Bilaspur(C.G.) 495004
3. The Principal Chief Personal Officer, Head Quarter (Personal
Department) 1st Floor G.M. Office, Bilaspur (C.G.) 495004
4. The DRM (Divisional Railway Manager) near
GM Building South East Central Railway
Bilaspur C.G. 495004
5. The Senior Divisional Personal GM Officer,
Personal Dept. Building South East Central Railway
Bilaspur C.G.
- Respondents
(By Advocate -Shri Bhupendra Pandey)
Page 1 of 9
2 O.A.No. 203/00101/2020
ORDER
BY JUSTICE AKHIL KUMAR SRIVASTAVA, JM:-
This Original Application has been filed seeking the following reliefs:-
8.1 That, the Hon'ble Tribunal may kindly be pleased to allow the application and be pleased to make an order to modify the impugned office order i.e. Annexure A/1 dated 21.06.2018 along with its connected office order if any passed by the non-applicant no. 5.
8.2 That, the Hon'ble Tribunal may kindly be pleased to issue direction to grant promotion with all service benefit to applicant according to his service record with continuity and seniority of service from his initial appointment i.e. 1999.Digitally signed by RAJUL NAMDEO
8.3 That, the Hon'ble Tribunal may kindly be pleased to issue direction to give him all consequential benefits including the annual increments DN: C=IN, O=Personal, PostalCode= RAJUL 482004, L=Jabalpur, S=Madhya Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= and differences of monetary benefits 9136, Phone= e125d5860c1f7a1e0a12bbccc5e95020 NAMD4860d7795912c018822fac86d32130fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d396 62134c765dec84aec2c142b41c6e609, [email protected], CN=RAJUL NAMDEO EO Reason: I am the author of this document 8.4 That, any other relief, which this Hon'ble Tribunal may deem fit Location:
Date: 2025.12.09 15:27:08+05'30' Foxit PDF Reader Version: 2024.3.0 and proper, may also be passed in favor of the applicant together with cost of the application."
2. The facts of the case is that the applicant was initially appointed as Commercial Clerk with pay scale 3200-4900/-. During the service in 2005 applicant suffered from his eye problems and unfortunately he lost his both eyes permanently and ultimately he acquired disability and in this regard Fit certificate was sued by Medical Department SECR on 22.04.2005. The copy of fit certificate dated 22.04.2005 is being marked and annexed as Annexure A/3. On 11.08.2005 the office order was issued and the applicant was declared medically unfit from 23.02.2005 and shifted in alternative supernumerary post in Gr. D Page 2 of 9 3 O.A.No. 203/00101/2020 category as peon in pay scale Rs. 2550-3200 in commercial dept.
Several representations were produced by applicant against the said office order dated 11.08.2005 before concerned authorities but it was not decided properly in the light of prevailed enactments and legal provisions. In the meanwhile the applicant presented a complaint in this regards. After completion of proceeding on the complaint made by the applicant the Hon'ble Court Of Commissioner For Person With Disabilities thereafter passed an order dated 14.03.2018 finally in favour of the applicant with direction to provide all service benefit from the previous year. The copy of order dated 14.03.2018 passed by the Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode= RAJUL 482004, L=Jabalpur, S=Madhya Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= 9136, Phone= e125d5860c1f7a1e0a12bbccc5e95020 NAMD4860d7795912c018822fac86d32130fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d396 62134c765dec84aec2c142b41c6e609, [email protected], CN=RAJUL said Court is being marked and annexed as Annexure A/8. The NAMDEO EO Reason: I am the author of this document Location:
Date: 2025.12.09 15:27:08+05'30' Foxit PDF Reader Version: 2024.3.0 disability of applicant is declared with effect from 23.02.2005 by the Medical Department, SECR and he worked without further service benefit from this date on supernumerary post as Peon till the passing of office order dated 21.06.2018 in the same pay scale 3200- 4900 as decided by concerned authorities.
3. Per contra the respondents in their reply have contended that the applicant while working as Commercial Clerk in the year 2005, was declared unfit in all categories in Rly Service w.e.f. 23.2.2005.
However on his request, it was finally decided by Administration to provide him an alternative appointment on peon post and his pay was ordered to be drawn in his existence scale of Commercial Clerk in GP-
Page 3 of 9 4 O.A.No. 203/00101/20202000 and was utilized as announcer. Accordingly posting order issued vide office order dated 11.08.2005. In the year 2017, he has filed a complaint dated 18.4.2017 in the Court of Chief Commissioner for person with Disabilities (Government of India (NDLS) on the basis of 100% physically Handicapped certificate issued in his favour on 21.06.2016, vide Annexure R/3, claiming he should get all promotions in Commercial Clerk wing from GP-2800 to 4600 GP and after all verification as well as on the Basis of reply/related papers submitted by Railway Administration, finally on 14.03.2018 Chief Commissioner for Person with Disabilities issued order to give the applicant all the Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode= RAJUL 482004, L=Jabalpur, S=Madhya Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= 9136, Phone= e125d5860c1f7a1e0a12bbccc5e95020 NAMD4860d7795912c018822fac86d32130fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d396 62134c765dec84aec2c142b41c6e609, [email protected], CN=RAJUL consequential benefits within 90 days.6. As to Para 4.7 to 4.9:
NAMDEO EO Reason: I am the author of this document Location:
Date: 2025.12.09 15:27:08+05'30' Foxit PDF Reader Version: 2024.3.0 Accordingly as per directives from court of Chief Commissioner for Person with Disabilities dated. 14.03.2018 the applicant has been dealt with as per the guideline of Railway Board letter dated 27.08.2009, his posting order has been modified and posted as ECCA in Ticket Checking Cadre w.e.f. 27.08.2009 vide memorandum dated 21.06.2018 and accordingly his other benefits of seniority and promotion have been regulated at per with his junior vide order dated. 10.10.2019.
4. The applicant has filed rejoinder to the reply filed by the respondents, re-iterating the earlier stand as taken in O.A. The applicant further submitted that the case of the applicant has been dealt with as per guideline of Railway Board letter dated 27.8.2009 but the Page 4 of 9 5 O.A.No. 203/00101/2020 same does not apply on the subject matter of the applicant. The applicant further submitted that no efforts has been made by respondent authority to provide service benefits to applicant in terms of section 47 of The Person With Disability (Equal Opportunity, Protection of Right and Full Participation) Act.1995.
5. Heard learned counsel for both the parties and perused the materials available on records. We have also gone through the judgments provided by the counsels during the course of arguments.
6. We have carefully considered the arguments on both sides and the materials on record. There can be no dispute on the point that the Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode= RAJUL 482004, L=Jabalpur, S=Madhya Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= 9136, Phone= e125d5860c1f7a1e0a12bbccc5e95020 NAMD4860d7795912c018822fac86d32130fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d396 62134c765dec84aec2c142b41c6e609, [email protected], CN=RAJUL applicant was entitled to the protection of his scale of pay on medical NAMDEO EO Reason: I am the author of this document Location:
Date: 2025.12.09 15:27:08+05'30' Foxit PDF Reader Version: 2024.3.0 de-categorisation. In this case, the applicant was declared unfit in all categories in railway service w.e.f. 23.02.2005 and was given alternative appointment on the post of peon and posting orders were issued on 11.08.2005. It is also the fact in hand that the applicant filed a complaint dated 18.04.2017 in the Court of Chief Commissioner for Person with Disabilities on the basis of 100% physically handicapped certificate issued in his favour on 21.06.2016, claiming that he should get all promotions in Commercial Clerk wing from Grade Pay 2800 to 4600 and after verification, order dated 14.03.2018 was issued in favour of the applicant. After that respondents modified the posting orders of the applicant vide order dated 27.08.2009 and posted the applicant as Page 5 of 9 6 O.A.No. 203/00101/2020 ECCA in Ticket Checking Cadre w.e.f. 27.08.2009 and his other benefits of seniority and promotion has been regulated at par with his juniors. The fact, however, remains that the period when the applicant was posted as peon w.e.f. 2005 till the date of modification of his promotion order i.e. 25.09.2013 was not counted for all consequential benefits to be given to applicant. The applicant was actually medically de-categorised on 23.02.2005 and shifted in alternative supernumerary post in Group D category as peon in pay scale of Rs. 2550-3200/- in commercial department. As per the directions of Chief Commissioner for Persons with Disabilities, vide order dated 10.10.2019 the Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode= RAJUL 482004, L=Jabalpur, S=Madhya Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= 9136, Phone= e125d5860c1f7a1e0a12bbccc5e95020 NAMD4860d7795912c018822fac86d32130fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d396 62134c765dec84aec2c142b41c6e609, [email protected], CN=RAJUL respondents modified their orders and promoted the applicant as Train NAMDEO EO Reason: I am the author of this document Location:
Date: 2025.12.09 15:27:08+05'30' Foxit PDF Reader Version: 2024.3.0 Ticket Examiner Level-5 from 25.09.2013 and Train Ticket Inspector Level-6 from 10.05.2018 at CSM Office, Bilaspur. But the fact remains that the applicant was not granted the benefits for the period from 23.02.2005 to 25.09.2013.
7. Admittedly, the applicant lost his both eyes during his service in the year 2005 and was medically de-categorized. The provisions of Section 47 (1) and (2) of Persons with disabilities Act, 1995 stipulates as follows :-
47. Non-discrimination in Government Employment -
(1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service:Page 6 of 9 7 O.A.No. 203/00101/2020
Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits: Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.
(2) No promotion shall be denied to a person merely on the ground of his disability:
Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section."
7.1 No establishment shall dispense with or reduce rank of an Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode= RAJUL 482004, L=Jabalpur, S=Madhya employee who acquired a disability during his service. It is mandatory Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= 9136, Phone= e125d5860c1f7a1e0a12bbccc5e95020 NAMD4860d7795912c018822fac86d32130fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d396 62134c765dec84aec2c142b41c6e609, [email protected], CN=RAJUL for every establishment under the Govt. to make available the NAMDEO EO Reason: I am the author of this document Location:
Date: 2025.12.09 15:27:08+05'30' Foxit PDF Reader Version: 2024.3.0 protection provided under the Disabilities Act, 1995 to an employee who acquires disability during his service. The Railways is an establishment under GOI. As it is not exempted from the provision of the Disabilities Act, it is bound to implement it.
8. In Kunal Singh vs. Union Of India & Anr, 2003 SCC (L&S) 482, the Hon'ble Apex Court has held as under:-
"The very frame and contents of Section 47 clearly indicate its mandatory nature. The very opening part of Section reads "no establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service". The Section further provides that if an employee after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits; if it is not possible to adjust the employee against any Page 7 of 9 8 O.A.No. 203/00101/2020 post he will be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier. Added to this no promotion shall be denied to a person merely on the ground of his disability as is evident from sub-section (2) of Section 47. Section 47 contains a clear directive that the employer shall not dispense with or reduce in rank an employee who acquires a disability during the service. In construing a provision of social beneficial enactment that too dealing with disabled persons intended to give them equal opportunities, protection of rights and full participation, the view that advances the object of the Act and serves its purpose must be preferred to the one which obstructs the object and paralyses the purpose of the Act. Language of Section 47 is plain and certain casting statutory obligation on the employer to protect an employee acquiring disability during service."
9. In that view of the matter, it was not open to the respondents that the applicant is not entitled to the pay scale of Level 5 and Level 6 Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode= RAJUL 482004, L=Jabalpur, S=Madhya Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= 9136, Phone= e125d5860c1f7a1e0a12bbccc5e95020 NAMD4860d7795912c018822fac86d32130fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d396 62134c765dec84aec2c142b41c6e609, [email protected], CN=RAJUL since he has been actually working as Peon due to his medical de- NAMDEO EO Reason: I am the author of this document Location:
Date: 2025.12.09 15:27:08+05'30' Foxit PDF Reader Version: 2024.3.0 categorization. It is immaterial that in the above circumstances as to whether the applicant was given an alternate post for any particular reason, by taking the said plea the respondents cannot refuse to sanction the financial benefit which his juniors are getting with effect from 23.02.2005 to 25.09.2013. The denial of the same to the applicant is illegal, arbitrary, discriminatory and is in violation of the spirit of Section 47 of Equal Opportunities to Persons with Disabilities Act, 1995.
10. Hence the impugned order dated 21.06.2018 vide Annexure A-1 is quashed and set aside. The applicant is entitled to get the revised scales which his juniors are getting with effect from 23.02.2005 to Page 8 of 9 9 O.A.No. 203/00101/2020 25.09.2013, the date on which the respondent authorities have passed the order in compliance of the direction of Chief Commissioner for Persons with Disabilities, vide order dated 10.10.2019 with all consequential benefits.
10.1 The OA is allowed as per the observations and findings given above.
11. The Respondents are granted three months' time from the date of receipt of a copy of this order to fully comply with these orders.
12. As a sequel thereof, pending Miscellaneous Application(s), if any, shall also stands disposed of.
Digitally signed by RAJUL NAMDEODN: C=IN, O=Personal, PostalCode= RAJUL 482004, L=Jabalpur, S=Madhya Pradesh, STREET="3850, Shubhash Nagar Aadhartal, Andhuwa, Jabalpur Madhya Pradesh India 482004", T= 9136, Phone= e125d5860c1f7a1e0a12bbccc5e95020 NAMD4860d7795912c018822fac86d32130fe, SERIALNUMBER= ea8eccfd52644dcb30af620f19c18d396 62134c765dec84aec2c142b41c6e609, [email protected], CN=RAJUL NAMDEO EO Reason: I am the author of this document Location:
Date: 2025.12.09 15:27:08+05'30' Foxit PDF Reader Version: 2024.3.0 (Mallika Arya) (Akhil Kumar Srivastava) Administrative Member Judicial Member rajul Page 9 of 9