Central Administrative Tribunal - Jabalpur
Bikram Kumar vs M/O Railways on 29 September, 2025
1 O.A.No. 200/00047/2016
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/00047/2016
Jabalpur, this Monday, the 29th day of September, 2025
HON'BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE MS MALLIKA ARYA, ADMINISTRATIVE MEMBER
Bikram Kumar, S/o Shri Suresh Prasad,
D.O.B- 23.11.1989, R/o Mohalla Baradari, Ponsps,
Bihar Sharif, District Nalanda (803101).
-Applicant
(By Advocate -Ms. Kaushiki Sharma holding brief for
Shri Akash Choudhary)
Versus
1. Union of India Through its General Manager,
South East Central Railway,
Bilaspur, C.G 495004.
Digitally signed by
RAJUL NAMDEO
Date: 2025.10.06
11:18:33+05'30' 2. Chief Medical Director, South East Central Railway,
G.M Office, Bilaspur, C.G 435004.
3.Asst. Personal Officer, Wagon Repair Shop,
South East Central Railway, Raipur- 492008, C.G.
- Respondents
(By Advocate -Shri S.P.Singh)
(Date of reserving the order: 15.09.2025)
ORDER
BY JUSTICE AKHIL KUMAR SRIVASTAVA, JM:-
This Original Application has been filed challenging the order dated 20.06.2015, whereby the applicant was declared unfit for any service in Medical Category CEE-I in I.R. category as per medical certificate dated 10.06.2015. The applicant is further aggrieved with Page 1 of 8 2 O.A.No. 200/00047/2016 the order dated 28.07.2015, 30.08.2015 and 14.10.2015, whereby the applicant's appeal for medical re-examination has been rejected.
2. Briefly, the facts of the case as stated by the applicant is that the applicant is an unemployed youth and possesses the qualification of B.Sc., ITI (Electrical) and Diploma in Computer Applications. In pursuance to an advertisement issued by the Railway Recruitment Board, Bilaspur, the applicant has applied for the post of Jr. Clerk cum Typist. Being eligible, the applicant was issued admit card for appearing in written examination and cleared the stage of written examination and hence was called for second stage written examination. The applicant has successfully cleared the second stage Digitally signed by RAJUL NAMDEO examination and thereafter, was called to take part in typing skill Date: 2025.10.06 11:18:33+05'30' test. The applicant has obtained merit in all the three stages of examinations and thus, was finally called for document and candidature verification for appointment to the post of Jr. Clerk cum Typist. Copy of the call letter showing the same is marked herewith as Annexure A/6. Thereafter, vide letter dated 16.10.2014 applicant was informed that, he has found suitable for the said post provisionally. Copy of the letter dated 16.10.2014 is marked herewith as Annexure A/7. The applicant was issued with an appointment letter dated 01.05.2015. Copy of the letter dated 01.05.2015 is marked. herewith as Annexure A/8. After getting Page 2 of 8 3 O.A.No. 200/00047/2016 selected for the post of Jr. Clerk cum Typist, the applicant was spared to join at the office department of Personal Wagon Repair Shop, Raipur. Thereafter, as per the procedure in vogue the applicant was required to appear in the medical test and after appearing in the same, the applicant was served with the order dated 20.06.2015, whereby he was declared unfit for any service in medical category CEE- I. Copy of the medical certificate showing the same is marked herewith as Annexure A/9. Thereafter the applicant has preferred an appeal dated 24.06.2015. However, the applicant's appeal was rejected vide order dated 28.07.2015, 30.08.2015 and 14.10.2015 (Annex. A/2). That a bare perusal of the order dated 28.07.2015 Digitally signed by RAJUL NAMDEO would show that, the applicant's appeal was rejected mostly on the Date: 2025.10.06 11:18:33+05'30' ground that, the certificates submitted by him does not specify the last four month's diabetic status. Hence this O.A.
3. The respondents have in their counter reply submitted that the Railway Recruitment Board, Bilaspur had issued Centralized Employment Notice No.04/2010 for the post of Junior Clerk-cum- Typist. The applicant had also submitted his candidature. Therefore, call letter was issued in his favour to appear in the written examination held on 01.09.2013. The applicant was found suitable in the first stage of examination, a call letter was also sent to applicant to appear in the 2nd stage of written examination scheduled on 19.01.2014. After Page 3 of 8 4 O.A.No. 200/00047/2016 qualifying in the written examination, call letter was sent for typing skill test which was scheduled on 10.08.2014. After completion of typing test, the applicant was called for document verification by the Railway Recruitment Board, Bilaspur on 16.10.2014. Thereafter, a panel of eight candidates was sent to WRS, Raipur vide letter dated 08.04.2015. After receiving panel, the WRS, Raipur has issued an offer of appointment in favour of the applicant as temporary posting on the post of Junior Clerk-cum-Typist in PB 1 of Rs.5,200-20,200/- with Grade pay of Rs.1,900/ by letter dated 01.05.2015 subject to passing medical examination from the authorized medical officer. The applicant was sent to Chief Medical Superintendent, Divisional Railway Digitally signed by RAJUL NAMDEO Hospital, Raipur for medical examination. However, after examination, Date: 2025.10.06 11:18:33+05'30' the applicant was found unfit in medical category Cey-1 due to diabetes mellitus by memo No.642050 dated 10.06.2015. The Chief Medical Superintendent intimated the applicant by letter dated 20.06.2015 along with the medical certificate issued by the Divisional Hospital, Raipur that he could not be declared pass in medical examination C-1 category. After receiving the communication by the Divisional Hospital, Raipur, the applicant has submitted an appeal dated 24.06.2015 and 13.07.2015 requesting for medical examination addressing to Chief Medical Officer, SECR, Bilaspur. As per the Railway Board's Letter dated 05.06.2014 Annexure-R/1, the applicant was examined by three Page 4 of 8 5 O.A.No. 200/00047/2016 member committee on 10.06.2015 at Divisional Railway Hospital, Raipur. The three member medical team found him to have diabetes mellitus with blood sugar PP 190 НЫ АС 7.2% and declared him unfit in C-1 medical category. applicant submitted appeal for reconsideration of his case along with private medical certificate wherein it has been mentioned that Hbl AC has not been signifies diabetes status of last four months and only FBS - 82% mg and BHPP 105% mg was mentioned. The medical examination was held on 10.06.2015 is based on the documentary evidence as per Para VII(A) of Railway Board's Letter dated 05.06.2014. After considering the appeal of the applicant, reply has been given to him on 20.08.2015 Annexure-R/2, that his case Digitally signed by RAJUL NAMDEO has also been rejected as unfit for service by medical authority Date: 2025.10.06 11:18:33+05'30' appointed.
4. Heard learned counsel for the applicant as also the respondents and carefully perused the documents that have been submitted. We have also gone through the judgments relied upon by the counsel for the applicant.
5. In the instant Original Application the only issue which is to be decided that whether the person suffers from disease diabetes is unfit for appointment as per the railway circular. We note that the applicant applied for the post of Junior Clerk cum Typist. Except for finding that he has diabetes, nothing has been stated indicating he is unfit to Page 5 of 8 6 O.A.No. 200/00047/2016 discharge the functions as Junior Clerk due to diabetes. Diabetes may affect his vision or some other organs but mere presence of diabetes itself will not be decisive to disqualify a person from discharging any other duties. We note a judgment of Madras High Court in W.P. 4268 of 2015 in similar circumstances. The relevant paragraphs reads thus:-
"9. Today, India has become the diabetic capital of the world. It is common perception that diabetes is more of a disorder than a disease. The decisions relied upon by the learned counsel for the petitioner, came before the advent of the persons with Disabilities (Equal Opportunities, Protection or Rights and Full Participation) Act. 1995. Today, quite a number of posts on the non technical side are reserved even for persons, who are physically challenged. Therefore, to reject the candidature of the second respondent on the sole ground that he is a diabetic, cannot be accepted and the Tribunal was right in allowing the claim of the second respondent. We find no merits in the writ petition."
6. Similarly, the Madras High Court in another judgment in WP(C) Digitally signed by RAJUL NAMDEO Date: 2025.10.06 No.14760 of 2016 held as follows:
11:18:33+05'30'
"16. The Central Administrative Tribunal relied upon a decision of the Division Bench of this Court in Union of India v. Registrar Central Administrative Tribunal, Madras [(2013) 6 MLJ 617], wherein it was held that employment cannot be denied merely on speculations of what might happen in the future. It was pointed out therein that "to deny employment speculation that might occur in the future is unreasonable".
7. In the instant Original Application which is also identical to the case in which the Hon'ble High Court of Madras has referred its findings cited supra, the respondents are not justified in rejecting the case of the applicant on the ground of diabetes. Moreover, the respondents has failed to consider that as per Para 511 (9) (d) of Page 6 of 8 7 O.A.No. 200/00047/2016 Indian Railway Medical Manual Volume I, "persons with constitutional disorder, interalia deemed progressive and chronic disorder liable of recurrent exasperation of a disabling kind, are not eligible to be considered for appointment to Railway services." So the respondent authority has failed to assess the magnitude of disease. There are no reasons in the letter dated 20.06.2015, as to why the applicant was found unfit for appointment as there is no assessment regarding magnitude of the decease. The impugned order does not speak about the constitutional disorder, commonly deemed progressive and chronic disorder liable of recurrent exacerbation of a disabling kind. No records has been placed by the railway administration to Digitally signed by RAJUL NAMDEO establish that diabetes is said to be a constitutional disorder commonly Date: 2025.10.06 11:18:33+05'30' deemed progressive and chronic disorder liable of recurrent exacerbation of a disabling kind. Medical experts opine that diabetes is a condition where the body fails to utilize the ingested glucose properly. Further, there is no strong school of thought that a diabetic is not suffering from a disease, but only a disorder that could be managed. Therefore, the interpretation given by the Railway Administration appears to be a narrow interpretation and for trivial reasons.
8. In the light of the discussions made hereinabove, we are of the affirmed view that while rejecting the case of the applicant vide Page 7 of 8 8 O.A.No. 200/00047/2016 Annexure A-1 the respondent department has not assigned any valid reasons with due reference to what we have observed above.
9. Resultantly, the Annexure A-1 dated 20.06.2015 is quashed and set aside. The Original Application is allowed. The respondents are directed to consider the case of the applicant for appointment to the post of Junior Clerk cum Typist, in view of our observations made hereinabove within a period of 60 days from the date of receipt of a certified copy of this order. No order as to costs.
10. As a sequel thereof, pending Miscellaneous Application(s), if any, shall also stands disposed of.
Digitally signed by RAJUL NAMDEO
(Mallika Arya) (Akhil Kumar Srivastava)
Date: 2025.10.06 Administrative Member Judicial Member
11:18:33+05'30'
rajul
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