Central Administrative Tribunal - Hyderabad
P V Ravindranath vs M/O Railways on 10 February, 2023
OA.No.021/0853/2020
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH, HYDERABAD
ORIGINAL APPLICATION NO.021/00853/2020
DATE OF ORDER: 10.02.2023
CORAM:
HON'BLE MR. B.ANAND, ADMINISTRATIVE MEMBER
1. P.V.Ravindranath, s/o late Vittal Rao,
Aged 58 yrs, Occ:Voluntarily Retired Employee,
r/o H.No.3-147 Old Sai Chandra Colony,
Dammaiguda, Medchal Malkajgiri District-
500 083.
2. Poola Bhargav Kumar, s/o P.V.Ravindernath,
Aged 28 yrs, Occ:Unemployee, r/o H.No. 3-147
Old Sai Chandra Colony,Dammaiguda,
Medchal Malkajgiri District-500 083.
...Applicants
(By Advocate Dr.P.B.Vijaya Kumar)
Vs.
1. The Senior Divisional Personal Officer (Sr.DPO),
Secunderabad Division, Sanchalan Bhavan,
IV Floor, Secunderabad-500 071.
2. The General Manager,
Secunderabad Division, Rail Nilayam,
Secunderabad-500 071.
3. The Divisional Railway Manager,
Secunderabad Division, Sanchalan Bhavan,
I Floor, Secunderabad-500 071.
4. The Senior Divisional Commercial Manager,
Secunderabad Division, Sanchalan Bhavan,
I Floor, Secunderabad-500 071.
....Respondents
(By Advocate Mr.V.Vinod Kumar Sr.PC for CG)
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OA.No.021/0853/2020
ORAL ORDER
PER HON'BLE MR. B.ANAND, ADMINISTRATIVE MEMBER The applicant no.1 Sri P.V.Ravindranath, (who has voluntarily retired from the Indian Railways w.e.f 15.07.2019), and his son Sri Poola Bhargav Kumar, the 2nd applicant, are assailing the impugned order No.SCR/P- SC/122/ACG/136/2019, dated 04.06.2020, of the Senior Divisional Personnel Officer, Secunderabad Division, in not granting appointment to the 2nd applicant on compassionate grounds.
2. The facts of the case briefly are that the applicant no.1 Sri P.V.Ravindranath, working as Chief Catering Inspector in the Indian Railways, was medically decategorized on 20.09.2018, and thereafter the applicant has sought voluntary retirement on 06.05.2019, and the same was granted so as to come into effect from 15.07.2019 by the Railways. Subsequently, the applicant has submitted an application to the Railways on 24.01.2020, seeking an appointment to the 2nd applicant, his son, on compassionate grounds. The Railways have rejected his request for compassionate ground appointment stating that the applicant's request for granting a job on compassionate grounds to his son can be considered only if he has left over service of at least 5 years from the date of medical decategorization i.e., 20.09.2018, followed by voluntary retirement. Whereas, the applicant from the date of his medical decategorization was left with only 3 years, 4 months and 11 days of service.
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3. The grounds taken by the first applicant assailing the impugned order are that -
(i) he was suffering from various ailments, particularly, from Parkinsons disease since 2014; and
(ii) If the period when actual medical decategorization and his submission of letter seeking voluntary retirement on 08.08.2017 was taken into account, then he was left with over 5 years' service as at that time he was aged 55 years only and he would have been eligible for such compassionate ground appointment.
4. It is seen from the records that, on 29.11.2017, the Nuerophysician and CMD/LGD, gave opinion that this is a progressive degenerative disease. Patient is having behavioural disturbances (Aggressive behaviour/Psychosis) & Memory disturbances. In view of this, the patient cannot be allowed to work in running trains and can be considered for alternative employment on medical grounds.
5. The point to be considered, in this case, is that the Railway officials, who are medically decategorized, will have to be given job to their wards only, if they are left with 5 years residual service from the date when they are actually declared as medically invalidated ?
6. Heard the learned counsel on both sides and perused the record.
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7. From the records, it is seen that the first applicant was born on 12.01.1962, and should have retired from service on 31.01.2022. Therefore, if the medically decategorization order was issued 5 years prior to the date of retirement i.e., prior to 31.01.2017, and thereafter if he had sought for an appointment on compassionate grounds to his son (the 2nd applicant), his case could have been considered.
8. The respondents' contention is that the medical decategorization order was issued on 20.09.2018, at which point of time, the first applicant had only 3 years, 4 months and 11 days of residual service, which is less than 5 years from the date of superannuation (i.e., 31.01.2022). Whereas, the contention of the applicants is that the first applicant has been suffering from ailment even prior to the actual date of medical decategorization i.e., 20.09.2018 and in support thereof the applicants have annexed a copy of Out Patient Ticket dated 29.11.2017. The applicants have annexed along with OA, the letter No.HQ/MD/CON/84/Specialist Opinion, dated 26.10.2017, of the Chief Staff Surgeon, O/o Medical Director, Central Hospital, Lallaguda/SC, wherein the case of the Parkinsons disease has been diagnosed, and therefore, the applicant cannot be allowed to work in running trains and can be considered for an alternative employment.
9. From the material placed on record, it is quite evident that the Railways diagnosed the first applicant as suffering from Parkinsons disease and fit for alternative employment on 29.10.2017, although the actual decategorization certificate was issued to the first applicant on 20.09.2018. Even giving this P a g e | 4 of 5 OA.No.021/0853/2020 benefit of doubt to the applicants, the first applicant is still left with only less than 5 years residual service till his retirement on 31.01.2022. Therefore, on this ground, the OA is liable to be dismissed.
10. In view of the above position, I find no merit in the OA and the OA is accordingly dismissed. There shall be no order as to costs.
( B.ANAND ) ADMINISTRATIVE MEMBER Dsn.
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