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Dharmender vs Union Of India & Ors on 5 September, 2023

Author: Sanjeev Sachdeva

Bench: Sanjeev Sachdeva

                                    $~42
                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           W.P.(C) 11787/2023 & CM. APPL. 46039/2023
                                                DHARMENDER                                                                        ..... Petitioner
                                                                                      Through:                 Ms. Sahila Lamba, Advocate.

                                                                                      versus

                                                UNION OF INDIA & ORS.                                                              ..... Respondent
                                                              Through:                                         Ms. Babita Saini, SPC and Mr. Kapil
                                                                                                               Dev Yadav, Advocates.
                                                CORAM:
                                                HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                                                HON'BLE MR. JUSTICE MANOJ JAIN
                                                                                      ORDER

% 05.09.2023

1. Petitioner impugns order dated 18.08.2023, whereby petitioner has been re-deployed on account of being placed in lower medical category. Learned counsel for petitioner submits that petitioner was employed as a Constable in Level-III and has now been re-deployed as Waiting Room Assistant in Level-I. Learned counsel relies on circular dated 21.01.2013, issued by the Railway Board to the extent that medically decategorized railway employee cannot be reduced in rank and has to be continued by creating supernumerary post carrying identical Grade Pay till his superannuation, if so desires.

2. Issue notice. Notice is accepted by learned counsel appearing for the respondents, who prays for time to take instructions.

3. At request, re-notify on 10.10.2023.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:38:32

4. Till the next date of hearing, the impugned order dated 18.08.2023, insofar as it places the petitioner in a lower rank at Level- I is stayed. Respondents are directed to re-deploy the petitioner in terms of the circular dated 21.01.2013 in the meantime.

5. Dasti under signature of the Court Master.

SANJEEV SACHDEVA, J MANOJ JAIN, J SEPTEMBER 5, 2023 NA W.P.(C) 11787/2023 2 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:38:32