Central Administrative Tribunal - Allahabad
Abhimanyu Gond vs General Manager N C Rly on 18 May, 2023
O.A. No.55/2021
(Reserved on 16.5.2023)
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH ALLAHABAD
Original Application No. 55/2021
Pronounced on 18th day of May, 2023
Hon'ble Mr. Justice Om Prakash VII, Member (J)
Hon'ble Mr. Mohan Pyare, Member (A)
Abhimanyu Gond age about 26 years son of Shri Kishun Gond,
resident of village Betari, P.O. Bhabua District- Kaimur-821101
(Bihar)
. . . Applicant
By Adv: Sri Pradeep Kumar Mishra and Sri Rajesh Kumar
VERSUS
1. Union of India through General Manager, North Central
Railway, HQ Office, Allahabad.
2. Chairman, Railway Recruitment Board, Subedarganj,
Allahabad.
3. Principal Chief Medical Director, North Central Railway,
Allahabad.
..Respondents
By Adv: Sri K.K. Ojha
ORDER
By Hon'ble Mr. Justice Om Prakash-VII, Member (J) The present O.A has been filed by the applicant under section 19 of Administrative Tribunals Act, 1985 with the following reliefs:-
a) Issue an order or direction in the nature of certiorari to quash and set aside the impugned order dated 3.12.2020 (Annexure A-1) passed by the respondent No.2.
b) Issue an order or direction to the respondents to consider the applicant for appointment on the post which qualified by the applicant with all consequential benefits.
c) Issue an order or direction to the respondents to reconsider for re-medical examination by an independent eye specialist hospital or All India Institute of Medical Sciences.
d) Issue any other or further orders or direction which this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.
e) Award the appropriate cost in favour of the applicant.
f) Award the appropriate cost in favour of the applicant.
2. The facts emerges from the O.A. are that in response to the advertisement No. CEN.1/2018, applicant applied for the post of Page 1 of 5 O.A. No.55/2021 Assistant Loco Pilot and after successful in all respect, applicant was called for document verification and medical examination which was scheduled on 25.7.2019. Applicant attended Railway Hospital for medical examination on 26.7.2019. Respondents published a list of candidates who found applicant unfit in medical examination, in which the name of the applicant find place at S.No..
62. Applicant preferred an appeal along with Medical certificate issued by Dr. Raju Lal, Eye Specialist, Sardar Hospital, Kaimur who declared the applicant's fit in A-1 medical category. Respondents vide their letter dated 27.7.2020 called applicant for re-medical examination constituting re-medical Board on 17.9.2020. Applicant attended Central Hospital, North Central Railway, Prayagraj on 17.9.2020 for re-medical examination. Respondent vide impugned order dated 3.12.2020 intimated the applicant that :- mijksDr lanfHkZr i= ds laca/k esa voxr djk;k tkrk gS fd vkidk iqu% fpfdRlk ijh{k.k esfMdy cksMZ }kjk fnukad 17-9.2020 dks Divisional Hospital/NCR/PRYJ esa laiUu gksus ds mijkar esfMdy cksMZ dh fjiksVZ dks izeq[k eq[; fpfdRlk funs"kd mRrj e/; jsyos iz;kxjkt }kjk Lohd`r dj fn;k x;k gS tks fuEu gSA "Abhimanyu Gond S/O Shrikishun Gond is UNFIT in medical category Aye One (A-1) and Bee-One ( B-1) as per IRMM 2000, Vol. I para 511 (3)(J)."
izkjaHk esa Hkh vkidks fQVusl UNFIT in A-1, B-1 Fkk blls Li'V gksrk gS fd vkids fQVusl esa dksbZ ifjorZu ugha gqvk gS vr% vki dh vihy ij dk;Zokgh iw.kZ ekaxrs gq, vki dh vihy dk fuLrkj.k dj fn;k x;k gSA After declaration of medically unfit in vision by the Railway, applicant contacted to Sir SunderLal Chikitsalaya (BHU), Varanasi and doctor checked the eye of applicant and issued a report in which applicant again found fit in Category A-1.
3. Counter Affidavit has been filed by the learned counsel for the respondents, stating therein that applicant was selected for Assistant Loco Pilot and in the medical examination, he was fund congenital contract in both eye and declared unfit for Aye One and Bee-1 medical category. On the receipt of the report, Chief Medical Supdt., Kanpur constituted a three members Medical Committee for re-evaluation, who examined the applicant on 26.7.2019 and found that the applicant have congenital dots cataract in both eyes and declared unfit for Aye One and Bee one category. Thereafter, applicant submitted re-medical examination appeal along with medical certificate of Dr. Anurag Wahi and after considering the appeal of the applicant, three members Medical Board was constituted, one of whom was Ophthalmologist at Central Hospital, Prayagraj who examined the applicant on 17.9.2020 and found that Page 2 of 5 O.A. No.55/2021 he is having congenital dots cataract in both the eyes and declared unfit for Aye One and Bee 1. Hence the applicant is unfit for the post of Assistant Loco Pilot.
4. Heard the learned counsel for the parties.
5. Submission of the learned counsel for the applicant is that after declaration of the medically unfit in vision by the Railway, applicant contacted to Dr. Raju Lal, Eye Specialist, Sadar Hospital, Kaimur, who declared the applicant fit for A-1. It is further contended that applicant got check up his vision from the Ministry of Railway approved eye hospital, Varanasi and after proper examination, Dr. Sunny Gupta, MBBS, MS, IMS, BHU found the applicant fit in A-1 category. Therefore, prayed that there is a possibility of an error of judgment in the decision of medical Board constituted by the Railway because the applicant is found fit by several eye specialist of the private and govt. hospitals. It is further contended that on the basis of contradictory reports of the doctors, applicant may be reconsidered for appointment of re-medical examination by an independent eye specialist or All India Institute of Medical Sciences, New Delhi. It was further argued that a certificate must have been issued by the respondents to the effect that whenever applicant will be found fit in future, he will be allowed to join the post. It was also argued that alternative job has also not been given to the applicant. Learned counsel for applicant placed reliance of following judgments:-
i) O.A. No. 21/2022 (Dinesh Kumar Vs. UOI and others), CAT, Jaipur Bench decided on 31.1.2023.
ii) O.A. No. 531/2013 (Sh. B. Surya Prakash Vs. UOI and others) CAT, Principal Bench decided on 9.12.2013
iii) O.A. No. 8 of 2023 (Rahul Saini Vs. UOI and others) CAT, Allahabad bench decided on 9.3.2022.
6. Learned counsel for the respondents vehemently argued that applicant was medically examined twice and in both times, three member Medical Board was constituted, who declared the applicant unfit for Aye One and Bee-1. Since the applicant is not found fit in Aye one, hence, he is not entitled for appointment to the post of Assistant Loco Pilot.
7. We have considered the rival submissions and have gone through the entire record.
8. From perusal of record, it reveals that applicant was selected for the post of Assistant Loco Pilot in the written examination conducted by Railway Recruitment Board. During the medical Page 3 of 5 O.A. No.55/2021 examination conducted by three members committee on 26.7.2019, he was found unfit for Category Aye One and Bee-1. Applicant submitted appeal enclosing therewith medical certificate issued by Dr. Raju Lal. Thereafter again a committee was constituted consisting of three members in which one was Ophthalmologist and three members Board examined the applicant on 17.9.2020 at Prayagraj and also found that applicant is having congenital dots cataract in both eyes and declared the applicant unfit in category Aye One and Bee one category as per para 511 (3) (J) of Indian Railway Medical Manual, 2000. Applicant is relying on the medical certificates issued by the single doctors of various hospitals, whereas during medical examination conducted by the Railway three members committee twice, in which one was Ophthalmologist examined the applicant and found that applicant is having congenital dots cataract in both eyes and declared the applicant unfit in Aye One category. In the Certificate submitted by the applicant, doctors only examined the distance visition of the applicant (Distance Vision 6/6 BE, Near Vision N/6 BE and colour visition normal) but there is no mentioned about congenital dots cataract. Applicant requested for re-medical examination, which is an endless process. The post of Assistant Loco Pilot is a responsible post and cannot be treated lightly because it involves safety of the train and passengers, therefore, before any appointment is given to the persons, they must be examined thoroughly and given appointment only if they are found fit by the medical standards mentioned by the Railway authorities.
9. In case laws relied upon by the applicant, Tribunal without entering into merit of the case, disposed off the aforesaid O.As with a direction to consider the case of the applicant to get him medically re-examined before the appropriate Medical Board afresh whereas in the instant case, after receipt of appeal, applicant has already been re-medically examined by the board consisting of three members in which one was Ophthalmologist, who again found congenital dots cataract in both the eyes of the applicant and declared the applicant unfit in Category Aye One and Bee 1 medical category, which is necessary for the post of Assistant Loco Pilot. Hence the case laws relied upon by the applicant will not support the case of the applicant.
10. Since the applicant was medically examined twice by the three members committee, who found the applicant unfit for Aye one category, hence directing again and again for medical Page 4 of 5 O.A. No.55/2021 examination will be an endless process. 1st stage computer based test was conducted on 31.8.2018, 2nd stage computer based test was conducted on 23.1.2019. Documentation and medical examination was done on 25.7.2019 and 26.7.2019. Final list of the selected candidates was published. All the selected candidates have already joined the post. Four years have passed after completion of selection process. Now much water has flown. For the post of Assistant Loco Pilot, applicant should be medically fit in Aye one category. As the applicant declared unfit in Aye one category, he is not fit for appointment to the post of Assistant Loco Pilot (thus, at this stage, a direction cannot be issued to issue certificate to the effect that whenever applicant will be found fit, he may be allowed to join the post. We are of the opinion that O.A. lacks merit and deserves to be dismissed.
11. Accordingly, O.A. is dismissed.
12. All MAs pending in this O.A. also stand disposed off.
13. There shall be no order as to costs.
(Mohan Pyare) Justice Om Prakash- VII
Member (A) Member (J)
HLS/-
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