Central Administrative Tribunal - Gauhati
Smt Maitreyee Som Saha vs N.F.Railway on 31 July, 2025
1
CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application Nos. 040/164/2020 & 040/165/2020
Date of Order: This the 31st day of July, 2025
HON'BLE MR RAJINDER SINGH DOGRA, JUDICIAL MEMBER
HON'BLE MR M.L. SRIVASTAVA, ADMINISTRATIVE MEMBER
O.A. 164/2020
Between
Sri Bikram Ray,
S/o Late Braja Kisore Ray,
Q.No. 662/A,
Arobinda Colony,
P.O. Alipurduar Junction,
Dist- Alipurduar,
Pin - 736123, West Bengal.
.........Applicant
-VERSUS-
1. The Union of India,
Represented by the General Manager,
North East Frontier Railway,
Maligaon, Guwahati - 781011.
2. The General Manager,
N.F. Railway, Maligaon,
Guwahati - 781011.
3. Divisional Railway Manager(P),
N.F. Railway, Alipurduar Junction,
Pin - 736121.
O.A. Nos. 040/164 & 165/2020
Digitally signed by
SOURABH KUMAR
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4. Divisional Railway Manager(Works),
N.F. Railway, Alipurduar Junction,
Pin - 736121.
5. Senior Section Engineer(P. Way),
New Alipurduar, N.F. Railway,
Alipurduar, Pin - 735216.
..........Respondents
O.A. No. 165/2020
Smt. Matreyee Som Saha,
D/o Late Jyotindra Nath Som,
Arabinda Nagar, Beltola,
P.O. Alipurduar Court, Dist - Alipurduar,
Pin - 736122, West Bengal.
..........Applicant
-V/s-
1. The Union of India,
Represented by the General Manager,
North East Frontier Railway,
Maligaon, Guwahati - 781011.
2. The General Manager,
N.F. Railway, Maligaon,
Guwahati - 781011.
3. Divisional Railway Manager(P),
N.F. Railway, Alipurduar Junction,
Pin - 736121.
4. Divisional Railway Manager(Works),
N.F. Railway, Alipurduar Junction,
Pin - 736121.
5. Senior Section Engineer(P. Way),
New Alipurduar, N.F. Railway,
O.A. Nos. 040/164 & 165/2020
Digitally signed by
SOURABH KUMAR
3
Alipurduar, Pin - 735216.
..........Respondents
Present:
For applicant: Dr. G.J. Sharma
For respondents: Ms. U. Das
Date of Hearing: 26.06.2025 Date of Order: 31.07.2025
ORDER
Per: Mr. Rajinder Singh Dogra, Judicial Member:
As both the O.A. Nos. 164/2020 and 165/2020 filed by the applicants involve related questions of facts and laws, the same were heard together and accordingly, decided by this present common order.
2. The instant O.A.s have been preferred by the applicants seeking the following relief(s): O.A. No. 164/2020
"8.1 Impugned Memorandum dated 18.06.2020 be set aside and quashed so far as the applicant is concerned.
8.2 Direct the respondents to fix the pay of the applicant in Level 4(GP Rs. 2400) on alternative employment on medical ground, with all consequential benefits.
O.A. Nos. 040/164 & 165/2020 Digitally signed by SOURABH KUMAR 4 8.3 Declare that the applicant has a right of protection of pay etc. by creation of supernumerary post, if needed.
8.4 The letter dated 19.06.2020 issued from the DRM(Works) office(Annexure A/2) be set aside and quashed.
8.5 Any other relief or reliefs as the Hon'ble Tribunal may deem fit and proper, including the cost of the case."O.A. No. 165/2020
"8.1 Impugned Memorandum dated 18.06.2020 be set aside and quashed so far as the applicant is concerned.
8.2 Direct the respondents to continue the applicant in the post of Jr. Clerk [Level 2(GP Rs. 1900)] in the Engineering department or other higher post with higher pay on her promotion.
8.3 Declare that the applicant has a right of protection of pay etc. by creation of supernumerary post, if needed.
8.4 The letter dated 19.06.2020 issued from the DRM(Works) office(Annexure A/2) be set aside and quashed.
8.5 Any other relief or reliefs as the Hon'ble Tribunal may deem fit and proper, including the cost of the case."
3. The brief facts of the case are that the applicants were appointed in the N.F. Railway on 27.12.2007 & 17.02.2009 respectively. While, they were working as Trackmaintainer-II(Trollyman)/Trackmaintainer in the pay of Rs. 27,900/- and Rs. 25,200/- respectively as per the 7th CPC, O.A. Nos. 040/164 & 165/2020 Digitally signed by SOURABH KUMAR 5 they suffered from bilateral severe hearing loss. As the railway authorities were very empathetic and after prolonged treatment rendered by the Railways, they had to be declared unfit in their medical category A/3 and also in B/1, B/2. Vide Letters dated 14.11.2019 and 27.09.2019 issued by the Chief Medical Superintendent, N.F. Railway, Alipurduar, they were declared fit in C1 category and accordingly, recommended for alternative employment on medical ground. In terms of the said Certificate dated 14.11.2019 and 27.09.2019, the Divisional Railway Manager(P), Alipurduar Junction(Respondent No.
3) directed the CS&WI/IC/APDJ i.e. the Chief Safety and Welfare Inspector/In charge, Alipurduar on 20.11.2019 & 14.10.2019 to search out suitable alternative post in favour of the applicants and refer the case to screening committee, as mandated by the Rules and for necessary order. Thereafter, as per the direction of the Respondent No. 5 dated 25.02.2020, the applicants reported to the DRM(P)/APDJ's Welfare Bureau and appeared before the O.A. Nos. 040/164 & 165/2020 Digitally signed by SOURABH KUMAR 6 Screening Committee on 28.02.2020 for determining suitable alternative employment for them. The Screening Committee recommended them to be absorbed in the post of Jr. Clerk on utilization basis till final approval of the General Manager, N.F. Railway(Respondent No. 2). The Respondent No. 5, accordingly, spared the applicants for reporting to their new postings by 01.05.2020 vide Letter dated 30.04.2020. They joined their duties as 'Jr. Clerk' on 01.05.2020. While working on the post of Jr. Clerk, they were granted pay in Level - 2(Grade Pay - Rs. 1900/-) which was lower than their pay before medical decategorisation. However, they were under expectation of their pay being fixed as they were getting before decategorisation. In this regard, they have drawn attention to statutory provisions stipulated in the Railway Rules and Persons with Disabilities(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which ensures for granting of protection of pay received before decategorisation, which has been denied to the present applicants.
O.A. Nos. 040/164 & 165/2020 Digitally signed by SOURABH KUMAR 7 Thereafter, the applicants came to know that the Respondent No. 3 issued a Memorandum dated 18.06.2020 modifying their earlier Order dated 27.04.2020 communicating that the alternative employment of the applicants has been reviewed on 15.06.2020, which had not been communicated to them. By the dint of said Memorandum dated 18.06.2020, the applicants have been said to be finally absorbed purportedly in the alternative post/category of Watchman (Store)/ Hospital Attendant in Level - 1, GP - Rs. 1800/- with Pay Rs. 25200/- & Rs. 27,900/- respectively, which are lower than what they were receiving earlier in Level 4, GP- Rs. 2400/- and Level 2, GP - Rs. 1900/- respectively. Being aggrieved with such arbitrariness on the part of the respondents, the applicants submitted Representations dated 02.07.2020 & 24.06.2020 to the Respondent No. 3 highlighting their grievances and praying for their absorption in the identical grade pay in any post as deemed fit but the same have not been O.A. Nos. 040/164 & 165/2020 Digitally signed by SOURABH KUMAR 8 considered by the respondents for the reasons best known to them.
4. Learned counsel for the respondents has vociferously contended that the applicants were declared unfit in A/3, B/1, B/2 and fit in C/1 medical category by the Medical Board of APDJ Division on 14.11.2019 & 27.09.2019. Thereafter, they were called for screening test by the Screening Committee for alternative absorption in the suitable post. After screening, the Screening Committee had recommended them for the post of Jr. Clerk in Engineering Department. On the basis of recommendation of Screening Committee only, applicants were given the post of Jr. Clerk temporarily to work totally on utilization basis. The rule of absorption of medically de-categorized staff is recommended by the Screening Committee followed by the approval of Divisional Railway Manager by checking necessary criteria of a candidate and future vacancies and proper utilization of manpower in the administrative field and subsequently and finally approved O.A. Nos. 040/164 & 165/2020 Digitally signed by SOURABH KUMAR 9 by General Manager. Therefore, if one medically unfit staff is not able to work in his previous post, so to avoid accident and save railway revenues(Salary of Staff), the staff can be utilized solely on temporary basis till approval of Divisional Railway Manager and receipt of final approval of GM/NFR respectively. Learned counsel for the respondents has further stated that Jr. Clerk cum Typist Post requires typing as and when requires, hence, if a candidate has lost the power of hearing, then, she/he is not at all fit for the post of Jr. Clerk cum Typist in any department of Railway. So, keeping in view the concept of proper utilization of manpower, it was advised to absorb them in other alternative post rather than the post of Ministerial category(Jr. Clerk). Due to the reason on being found no vacancies in the Ministerial category posts matching the physical fitness of the staff i.e. being unable to type because of loss of hearing, the applicants were absorbed as Watchman/Hospital Attendant in their respective Departments with full pay protection vide Memorandum O.A. Nos. 040/164 & 165/2020 Digitally signed by SOURABH KUMAR 10 dated 18.06.2020. Therefore, the contention of the applicants regarding reduction of rank and grade pay is totally wrong. However, the learned counsel for the respondents has also pointed out to the statement of the applicants regarding IREM Rule 1301 for the entitlement to the same rank on their alternative appointments are denied and disputed as per rule the said rule, however, the applicants have been given full pay protection. Therefore, the applicants were absorbed in Watchman/Hospital Attendant in Level 1 but they will continue to draw their payment as per their last pay. Learned counsel for the respondents has thus submitted that the applicants have no locus standi in the instant case and accordingly, the matters are devoid of merit and the same may be dismissed.
5. Learned counsel for the applicants in contrast to the above submissions of respondents has stated that there is no scope for alternative appointment to lower grade. He has referred to para 1303 of IREM which directs O.A. Nos. 040/164 & 165/2020 Digitally signed by SOURABH KUMAR 11 that if a railway servant cannot be immediately adjusted against or absorbed in any suitable alternative post, he may be kept on a special supernumerary post in the grade in which the employee concerned was working on regular basis before being declared medically unfit. It is stated that after the Screening Committee has determined the suitability of the applicants for the post of Jr. Clerk in terms of Para 1306(1), there is no scope for review or alteration of the same by the DRM(P)/APDJ. Also, there is no scope for absorption of the applicants in the post of Watchman/ Hospital Attendant in terms of the impugned Order dated 18.06.2020, when the applicants have never joined the said posts after being spared from earlier posts vide Order dated 19.06.2020. Further, the removal of the name of the applicants from the panel dated 27.04.2020 prepared on the recommendation of the Screening Committee, without affording an opportunity of being heard is violative of the principles of natural justice as mandated by the Hon'ble Gauhati High Court in the case of Pradip Kr. Das -V/s-
O.A. Nos. 040/164 & 165/2020 Digitally signed by SOURABH KUMAR 12 UOI(1985) 2 GLR 459, and in the case of UOI -V/s- Swati Chakraborty[WP(C) No. 462/2013], wherein the decision of this Tribunal has been upheld. The applicants have also proved their suitability in the post of Jr. Clerk as there have been no adverse remarks in their APARs. Learned counsel for the applicants has contended that keeping the applicants for prolonged period of over 3 years on utilization basis against vacant post of Jr. Clerk is arbitrary and illegal. Learned counsel for the applicants has submitted that upon such firm ground, the impugned Orders may be set aside.
6. Learned counsel for the respondents has objected to the submission of the learned counsel for the applicants that the applicants are working as Jr. Clerk with full satisfaction of his seniors. The applicants have not received any appreciation letter from seniors/administration for the period of utilization as Jr. Clerk.
The statement of the applicants that nothing was communicated to them is denied as when the applicants O.A. Nos. 040/164 & 165/2020 Digitally signed by SOURABH KUMAR 13 were being utilized as Jr. Clerk, they were called in the Chamber of DRM/APDJ to intimate the matter that they are medically unfit for the post of Jr. Clerk as they are suffering from loss of hearing and the post of Jr. Clerk cum typist requires typing. As such, if a person cannot hear properly, then, it is unable for the person to conduct typing. Therefore, to avoid mis-utilization of post and save railway revenue, the applicants cannot be directed to work on the said post in Railway Department. Hence, it was advised to search for other suitable vacancies for their absorption in alternative appointment with full protection. Finally, the applicants were absorbed in the post of Watchman/Hospital Attendant in Stores Department/Medial Department in Level - 1 with full pay protection that means, they will draw their payment as per their last pay in Level 3/Level 2. Therefore, it is very clear that they have been given full pay protection in this regard.
O.A. Nos. 040/164 & 165/2020 Digitally signed by SOURABH KUMAR 14
7. It is noted that when the matter was taken up on 23.06.2025, learned counsel for the applicant raised the competency of the DRM, who issued the order dated 18.06.2020, impugned herein and, accordingly, learned counsel for the respondents was directed to take instructions regarding the competency of the DRM/APDJ for issuance of the order dated 18.06.2020 reviewing the order issued by the DPO dated 27.04.2020 wherein in the list of temporary posting of the medically decategorised staff, the name of the applicant appeared at sl. No. 2. In this regard, learned counsel for the respondents placed Model Schedule of Powers, 2018 of North East Frontier Railway wherein at Sl. No. 68 it is stipulated as under:
Sl. Nature of PHOD/CHOD/ DRM/ADRM/SAG Divisional Remarks No. powers HOD officers in Field officers, Units Extra-
Divisional Officers & Officers in Headquart ers O.A. Nos. 040/164 & 165/2020 Digitally signed by SOURABH KUMAR 15
68. Creation of CPO DRM/ADRM/CW 1.797-
supernumerar Full Powers in M E/NCR/Policy/SOP/Estt y respect of HQ staff Full powers for all dated 09.08.07 post for & staff in extra divl. staff working 2. Finance concurrence medically Offices/work shop under their is required decategorised control Notes:
staff/identified The proposal for such surplus staff creation of post shall be put up to the DRMs by Sr. DPOs/DPOs in charge who should certify that all the laid down stipulation of the guidelines of the Board has been met.
We have perused the aforesaid Model Schedule of Powers, 2018.
8. Further it is to reiterate that the applicants were appointed in the N.F. Railway on 27.12.2007 and 17.02.2009 respectively working as Trackmaintainer-II (Trollyman) in the pay of Rs. 27,900 in Level 4(G.P.- Rs. 2400/-) as per the 7th CPC and suffered from bilateral severe hearing loss/Rheumatoid Arthritis. After prolonged treatment rendered by the Railways the Railway authorities declared the applicants unfit in medical category A/3 and also in B/1, B/2. By letter dated 14.11.2019/27.09.2019 issued by the Chief Medical Superintendent, N.F. Railway, Alipurduar they were declared fit in C1 category and below and O.A. Nos. 040/164 & 165/2020 Digitally signed by SOURABH KUMAR 16 accordingly recommended for alternative employment on medical ground. In terms of the said certificate dated 14.11.2019/27/09/2019, the Divisional Railway Manager(P), Alipurduar junction(respondent no. 3) directed the CS&WI/IC/APDJ i.e. the Chief Safety and Welfare Inspector/In Charge, Alipurduar on 20.11.2019/14.10.2019 to search out suitable alternative post in favour of the applicants and refer to screening committee as mandated by the Rules and for necessary order.
9. Thus from the above, we are of the considered opinion that the DRM (P) Alipurduar junction has the competency/power to place the applicants or the employees within same scale with pay protection to any other position as deemed fit for administrative ease and prudence. Hence, no interference for setting aside the impugned Memorandum dated 18.06.2020 and Letter dated 19.06.2020 is warranted.
10 Keeping in view the above, we found that the instant O.A Nos. 164 & 165/2020 are devoid of merit and O.A. Nos. 040/164 & 165/2020 Digitally signed by SOURABH KUMAR 17 liable to be dismissed and accordingly same is hereby dismissed. No order as to costs.
(M.L. SRIVASTAVA) (RAJINDER SINGH DOGRA) MEMBER (A) MEMBER (J) /SK/ O.A. Nos. 040/164 & 165/2020 Digitally signed by SOURABH KUMAR