Central Administrative Tribunal - Bangalore
Rajesh Kumar vs South Western Railway on 1 September, 2025
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O.A.Nos.170/00051/2025/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00051/2025
Order Reserved on: 22.8.2025
Date of Order: 1.9.2025
CORAM:
HON'BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)
HON'BLE DR. SANJIV KUMAR, MEMBER (A)
Shri.Rajesh Kumar
S/o. Late Akhilesh Kumar
Aged about 50 years
Presently working as Section Controller
Railways Department
Resident of #5/369
Subramanya Nagar, Arsikere
Hassan District
Karnataka 573 103 ...Applicant
(By Advocate Shri.Manoj S.N and Shri.Sandeep Praveen)
Vs.
1. Union of India, Represented by the
The Secretary to the Government of India
Ministry of Railways, (Railway Board)
Rail Bhawan, New Delhi - 110 001
2. General Manager, South Western Railways
Headquarters Office, Hubbali
Dharwad District -580 020
3. The Senior Divisional Operating Manager
South Western Railway, Mysore Division
Mysore - 570 001
SHAINESHAINEY VIJU
CAT Bangalore
Y VIJU 2025.09.04
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O.A.Nos.170/00051/2025/CAT/BANGALORE
4. Chief Medical Superintendent
Mysore Division
Indian Railways
Mysore - 570 001
5. Senior Divisional Personal Officer
South Western Railway, Mysore Division
Mysore - 570 001 ......Respondents
(By Advocates Shri.S.Prakash Shetty for Respondent Nos.1 to 5)
ORDER
PER: DR. SANJIV KUMAR, MEMBER (A)
This Original Application has been filed under Section 19 of the Administrative Tribunals Act 1985 claiming the following reliefs:
"a. Quash and set aside the order No.T- CELL/T.12/2024 dated 25.01.2024 (Annexure A-5) issued by Respondent No.5, posting the applicant as Section Controller in Level-06 and direct the respondents to assign the applicant to a suitable non-strenuous position in medical categories of BEE-One and below, as recommended by the Divisional Medical Committee and consider the representation of the applicant dated 26.01.2024 (Annexure A6) and 28.08.2024 (Annexure A10).
b. Direct the respondent to pay the non-running post allowance from 08.02.2024 till 20.11.2024 and c. Pass any other order deemed just and proper in the interest of justice and equity."
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2. The reliefs are claimed on the grounds as mentioned in paragraphs 5(1) to (11) of the Original Application. The brief facts as narrated by the applicant in the synopsis are that the applicant was appointed to the respondent department as Goods Guard and subsequently has been promoted to higher echelons of service and has served with distinction for over 17 years in various capacities. Starting as a Goods Guard in 2007, the applicant claimed the professional ladder to become a Mail Express Guard in 2018. Subsequently, in 2023, the applicant underwent life-saving surgery, including the insertion of a stent. Following this, the Divisional Medical Committee evaluated the applicant's medical fitness, medically decategorised him, and explicitly recommended posting the applicant to a non- strenuous position in the medical categories of BEE-one and below. Despite the recommendation, the applicant was issued an order on 25.01.2024, assigning him as Section Controller in Level-06 to a strenuous role. The applicant's representations to reconsider this posting were ignored, and the applicant is now compelled to assume duties that are beyond his medical capability without even passing the training examination. Hence, aggrieved by the actions of the respondents, the applicant has approached this Tribunal to get the relief as mentioned above.
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3. On notice the respondents have filed their written statement. No rejoinder has been filed by the applicant. Written argument has been filed on behalf of the applicant.
4. The case came up for final hearing on 22.8.2025. Learned counsel Shri.Manoj S.N representing learned counsel Shri.Sandeep Praveen for the applicant and Learned counsel Shri.S.Prakash Shetty for the respondent nos.1 to 5 were present and heard.
5. We have carefully gone through the entire records and considered the rival contentions.
6. The basic fact of the case is not denied that the applicant was assessed by the Divisional Medical Committee constituted by the CMS/MYS and their recommendation is filed as Annexure A-2 dated 27.11.2023 with the subject, "Recommendation for alternate employment on medical grounds - special medical examination of Shri.Rajesh Kumar, 49 years Mail/Express Train Manager, TFC, SMR/O/ASK", which mentions the following:-
" With reference to the above subject Employee was examined by the Divisional Medical Committee constituted by CMS/MYS and opines that Shri Rajesh Kumar 49 Years/Male, is unfit for the present post as SHAINESHAINEY VIJU CAT Bangalore Y VIJU 2025.09.04 13:10:41+05'30' 5 O.A.Nos.170/00051/2025/CAT/BANGALORE Mail/Express Train Manager in Aye Two Medical category.
Hence this Divisional Medical Committee recommends that SHRI RAJESH KUMAR, 49 YEARS MAIL/EXPRESS TRAIN MANAGER, TFC, SMR/O/ASK EMPLOYEE IN AYE TWO MEDICAL CATEGORY HAS TO BE PROVIDED ALTERNATE EMPLOYMENT ON MEDICAL GROUNDS AND DIVISIONAL. MEDICAL COMMITTEE RECOMMENDS SHRI RAJESH KUMAR IS "UNFIT FOR AYE- TWO AND AYE-THREE MEDICAL CATEGORIES DUE TO ESSENTIAL HYPERTENSION WITH DOUBLE VESSEL CORONARY ARTERY DISEASE POST PTCA TO LAD AND RAC AND FIT IN BEE-
ONE AND BELOW MEDICAL CATEGORIES FOR JOBS OF NON-
STRENUOUS NATURE WITH GLASSES FOR NEAR VISION.
This has approval of competent authority."
7. Based on the same, he was subjected to the screening of the medically decategorised employee committee for alternate employment, and a proceeding is placed of the meeting of the Screening Committee dated 17.01.2024. The Screening Committee consisted of four members i.e., the Senior DOM/MYS, Senior DME/MYS, Senior DPO II/MYS and Senior DMO/Addl.CMS/MYS who together examined the case of the applicant, Mr.Rajesh Kumar and recommended as following:
SHAINESHAINEY VIJU CAT Bangalore Y VIJU 2025.09.04 13:10:41+05'30' 6 O.A.Nos.170/00051/2025/CAT/BANGALORE Name of the Gr Date Date Medical EQ Recom Sl. Medical of of category mendati No decategoris birth Appt placed on of the . ed . commit employee ee S/Shri/Smt 2 Rajesh C 31.07 23.0 Unfit for BSC Recom Kumar A-2 and mended 42607D001 .1974 1.20 A-3 Math for the 31 medical post of Mail/Expre 07 categorie s Section ss TM, s due to Controll SMR/o/AS essential er in K Hyperten level 6 sion with of rptg Double dept.
Vessel Coronary Artery Disease-
Post PTCA to LAD and RAC and fit in B-1 and below medical categorie s for jobs of non-
strenuous nature with glasses for near vision SHAINESHAINEY VIJU CAT Bangalore Y VIJU 2025.09.04 13:10:41+05'30' 7 O.A.Nos.170/00051/2025/CAT/BANGALORE
8. Simple examination of this document shows that the said committee consisted of four very senior officers at the Divisional level consisting of both technical members and a medical officer, i.e., a Senior Divisional Medical Officer. It is asserted by the respondents that the senior divisional medical officer is even much more senior than the other three members of the Divisional Medical Committee who evaluated medically the applicant and recommended for alternate employment.
9. Our attention is drawn by the applicant that in the recommendation dated 27.11.2023 mentioned earlier, it says that the applicant was considered fit in Bee-One and below medical categories for jobs of a non-strenuous nature with glasses for near vision. The case of the applicant is that the respondents had to give a "non- strenuous nature work with glasses for near vision" only to the applicant in the Bee-one or below medical category. Whereas the respondents mentioned that the Senior DMO who was part of the screening of the medically decategorised staff on 17.1.2024 recommended the alternate job to the applicant under bee-one and below categories rightly, and the work assigned to the applicant, i.e., of the Section Controller is suitable for the applicant, as it was in C-1 category. The applicant was therefore rightly considered by the SHAINESHAINEY VIJU CAT Bangalore Y VIJU 2025.09.04 13:10:41+05'30' 8 O.A.Nos.170/00051/2025/CAT/BANGALORE screening committee and accommodated in the category of cee-one medical classification. The respondents assert that the applicant is assigned posting in the same department where the applicant had already worked and his earlier training and experience will be useful in his new assignment. Whereas the case of the applicant is that the work assigned to him is of a strenuous nature falling in safety category, and he should be given some desk work in the commercial section which is of a non-strenuous nature. It is not disputed that the applicant has been assigned the work of Section Controller, which comes in the category cee-one .
10. The respondents say that the categories A to C are the categories of medical suitability type as mentioned in the master circular no.25 placed as Annexure R-2 with the subject, "Absorption of Medically De-categorised Non-gazetted staff in alternative jobs". And the respondents emphatically assert that these categories are arranged as per the descending order of the medical group, where at the top are placed those categories which require better medical fitness and perfect vision and other faculties. Whereas, in descending order, from A-one to A-2 to A-3 and then from B-one to B-two to C- one etc. are in descending order of medical categories requiring less and less strenuous job and acuity of the vision and other faculties. SHAINESHAINEY VIJU CAT Bangalore Y VIJU 2025.09.04 13:10:41+05'30' 9 O.A.Nos.170/00051/2025/CAT/BANGALORE Hence, the respondents argued that the applicant has been rightly adjusted into the B-one and below category job. Bee-one is much more rigorous and envisages a higher order acuity of the senses than c-one category jobs, and the applicant is given only a job in the c-one category, and it is wrong on the part of the applicant to consider his Section Controller job as strenuous. The respondents further argue that the applicant is no expert to say what is strenuous or otherwise. The applicant cannot in the guise of asserting that his job is strenuous, start choosing and negotiating with the employer what job he desired. The alternative to non-acceptance of work assigned by the expert technical committee is, the option of seeking voluntary retirement by the applicant and not haggling for a work of his choice.
11. The argument of the applicant is that the Section Controller has to do with running of the train and this job can sometimes be in shifts. Hence, it is physically more demanding and it may put strain on his physical wellbeing which his health does not permit. He again and again refers to and emphatically says that the report of the Divisional Medical Committee dated 27.11.2023 classified fit in Bee-one and below medical category with non-strenuous nature job with glasses for near vision and the respondents have not taken into account non- strenuous nature of work while selecting alternate work given to SHAINESHAINEY VIJU CAT Bangalore Y VIJU 2025.09.04 13:10:41+05'30' 10 O.A.Nos.170/00051/2025/CAT/BANGALORE him. We have examined all the documents on record and considered all the rival arguments and contentions. We find that except the oral and written assertion of the applicant that the new work of the Section Controller assigned to the applicant was strenuous in nature, there was no basis for the same. There is no expert opinion, or precedence, or authority cited to substantiate such claim.
12. We record that we do not find that the applicant has been able to substantiate or show us how a work in C-one category is strenuous? It is a fact that now the applicant has joined at the new post and doing the work without any further training. However, the applicant asserts that he has given an application which has not been disposed of by the respondents which is at Annexure A-10 (dated 28.8.2024) wherein he mentions the following:
"Sub: Posting of Medically de-categorized staff as section controller.
Ref:1) This O.O No.T.CELL/T.12/2024 of 25/01/2024
2) My representation letter dated 26/01/2024.
3) Files No.Y/P.11/SS&s SM vol.Ill With due respect I Wish to submit following few lines for your kind consideration and needful please.
SHAINESHAINEY VIJU CAT Bangalore Y VIJU 2025.09.04 13:10:41+05'30' 11 O.A.Nos.170/00051/2025/CAT/BANGALORE Sir vide above reference I have been selected as section controller in Level -06,1 have expressed my opinion letter dated 26/01/2024 unfortunately reply given on dt: 26/08/2024 that this is last chance you are hereby advised to join the new post immediately.
Once again it is humbly request to consider my case on humanitarian grounds and consider me for BEE- One and below medical categories for jobs of non- strenuous nature, which was recommended by Divisional medical committee, Due to my health Problem I cannot to speak continuously which is essential for this job. I am ready to work in Commercial Department which is Specified in IRMM Volume-1. Chapter-V Annexure-IV (Parn
510) Page No. 111, 112 & 113.
Please, Kindly consider my case to maintain my health in future and to complete my service Peacefully for which I shall ever remain grateful to you."
13. Simple reading of the above shows that he says that as per the recommendations of the District Medical Committee, due to his health problem, he cannot speak continuously which is essential for the said job of Section Controller. Hence, he should be given a non-strenuous nature of job in the Commercial Department.
14. The respondents have argued across the bar that the job given is categorized in a C-one category and is a non-strenuous job; and job selection after de-categorisation is not a choice or right given to a decategorised employee. Based on his earlier training and experience, SHAINESHAINEY VIJU CAT Bangalore Y VIJU 2025.09.04 13:10:41+05'30' 12 O.A.Nos.170/00051/2025/CAT/BANGALORE the respondents have to find a job which is nearest to their field of work and training and experience and, accordingly, an appropriate job by a technically competent and sound screening committee constituted as per laid down procedure and practice has found an appropriate and suitable job for him. They further say that it is not a right for the applicant to be permitted to choose a job in the Commercial Department where no such vacancy in the division exists.
15. At this juncture, the counsel for the applicant asserted that the applicant is ready to move anywhere in India if he is permitted to do a job in the Commercial Department.
16. The respondents emphatically countered that he is given the alternate job as per the procedures and laid down rules and guidelines. In the absence of a suitable alternate job, the applicant has only the option to go on voluntary retirement on health grounds.
17. We have examined the case before us from all the angles. It has been shown that, as per the procedure, the applicant was examined by the Divisional Medical Committee duly constituted and the Committee decided that he is unfit for A-two and A-three medical categories due to an essential hypertension with double vessel SHAINESHAINEY VIJU CAT Bangalore Y VIJU 2025.09.04 13:10:41+05'30' 13 O.A.Nos.170/00051/2025/CAT/BANGALORE coronary artery disease post PTCA to LAD and RAC and fit in bee- one and below medical categories for jobs of non-strenuous nature with glasses for near vision.
18. We have also clearly seen that he is assigned the job of Section Controller, which comes under the C-three medical category, much below the A-2 category and below, where he was eligible. No evidence is adduced except oral and written assertion of the applicant that he was given an alleged strenuous nature job. The operating manual for Indian Railways mentions inter alia other things: the job content of Section Controller, which mentions the following:
"The Section Controller shall be responsible for:
(1) Reporting for duty at the prescribed time and ascertaining the position of the section from his reliever.
(ii) Recording the movement of trains on the 'Control' graph including crossing, connections and shunting reasons for detentions etc. (iil) Arranging for the supply and clearance of stock as ordered by Dy. Controller.
(iv) Advising stations in advance of the work to be done on trains on move
(v) Informing sheds and stations about the late running of trains to avoid the calling of Crew and Guards earlier than necessary or to put back trains wherever advisable.
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(vi) Informing major stations and concerned Section Controller about the current running of trains on the section and their anticipated arrivals well in time
(vii) Keeping in close touch with Engineering- blocks and working of material trains so as to give the maximum possible time with least detention to other traffic.
(viii) Incident management to include adjusting movements of trains in view of the likely impact of the incident, informing all concerned
(ix) Keeping a watch over damaged vehicles detached at road side stations and arranging repairs or transhipment of their contents and proper attention on the part of the train examining staff.
(x) Arrangement of ART & M/Van in case of accident.
(xi) Eliminating all possible detention to train and stock.
(xii) Watching the working of marshalling yards & major terminals.
(xiii) Making timely arrangements for the relief of Guards /loco pilots whose duty hours are likely to exceed enroute.
(xiv) Recording stock report (where stock clerks are not posted)"
19. We have perused the same, and it has not been substantiated that those are any job of a strenuous nature, but it is left to only expert SHAINESHAINEY VIJU CAT Bangalore Y VIJU 2025.09.04 13:10:41+05'30' 15 O.A.Nos.170/00051/2025/CAT/BANGALORE technical committees to go into the said detail and find a suitable job for the medically decategorised staff. We have ascertained the procedures laid down, and we find that all the decisions have been taken as per the procedures laid down. A suitably constituted Divisional Medical Committee has examined the applicant and recommended. The said committee, consisting of three medical experts and four members of the Screening Committee of medically decategorised operating staff, including a Senior DMO, a very senior medical officer, along with senior technical divisional officers have evaluated what work as per the recommendations, the applicant can be able to perform, and accordingly they have decided the case of the applicant. Clearly, the Screening Committee proceeding dated 17.1.2024 has decided that the applicant is unfit for A-two and A-three medical categories due to essential hypertension with double vessel coronary artery disease post PTCA to LAD and RAC and fit in bee- one and below medical categories for jobs of non-strenuous nature with glasses for near vision. And consciously keeping in mind the recommendations of the Divisional Medical screening committee, the Screening Committee for alternate job has recommended in the case of the applicant for the post of Section Controller and, accordingly, he was posted as a Section Controller.
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20. We do not find any procedural infirmities in the matter. However, we note that, subsequently, the applicant has joined the new place of duty on 21.11.2024 vide Annexure A-11, and it is also asserted by the respondents as he started his new assignment without any further training, and he is satisfactorily working there. However the applicant insists that his subsequent application dated 28.8.2024 has not been disposed of by the respondents. Hence, the respondents may place the same before the Screening Committee for medically decategorised staff to evaluate if the said work assigned to him as Section Controller is appropriate for him and is not strenuous for him and will not in any way jeopardize the safety of the third-party commuters of the Railways as asserted by the respondents. The applicant asserts that the Section Controller work is part of the safety category work where the health of the applicant can affect others. As these are important matters of public interest, hence, although procedurally, the decision of the respondents is correct, and we do not find any grounds to interfere with the decisions, but as an abundant precaution, without getting into the merits of technical details of whether his work is of safety category, whether Section Controller is a job of non-strenuous nature with glasses for near vision etc., the end of justice will be met if we pass following orders:
SHAINESHAINEY VIJU CAT Bangalore Y VIJU 2025.09.04 13:10:41+05'30' 17 O.A.Nos.170/00051/2025/CAT/BANGALORE The respondents are directed to consider and dispose of the said representation of the applicant dated 28.8.2024 in six weeks time and pass a speaking order. The respondents shall clearly spell out if the job of the Section Controller was a strenuous job in the safety category, and whether it was appropriate for the applicant considering his medical condition, and that the safety of the railway users are not affected adversely by such work assignment. We shall also make it clear that we have not gone into the merits of the points raised in the said application and the respondents are free to examine and consider the same without being affected by any observation made in this order.
Other reliefs claimed are left open to be decided by the appropriate authority as per the prescribed rules and following due procedure.
With the above observation and direction, this Original Application is disposed of. No costs.
Sd/- Sd/-
(DR. SANJIV KUMAR) (JUSTICE S. SUJATHA)
MEMBER (A) MEMBER (J)
/sv/
SHAINESHAINEY VIJU
CAT Bangalore
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