Central Administrative Tribunal - Delhi
Shri Kartar Singh vs Union Of India & Others: Through on 27 February, 2014
Central Administrative Tribunal Principal Bench, New Delhi O.A. No.801/2013 Friday, this the 27th Day of February, 2014 Honble Shri G.George Paracken, Member (J) Honble Shri Shekhar Agarwal, Member(A) Shri Kartar Singh, S/o Shir Keshraj Singh Working as Parcel Jamadar Under Parcel Office, Northern Railway, Hazrat Nizamuddin, New Delhi. ..Applicant (By Advocate: Shri Manjeet Singh Reen) Vs. Union of India & Others: through
1. The General Manager Northern Railway Baroda House, New Delhi.
2. The Divisional Railway Manager Northern Railway State Entry Road, New Delhi.
.Respondents (By Advocate: Shri Shailendra Tiwari) Order (Oral) Shri G.George Paracken:
According to the applicant, his case is squarely covered by the earlier Order of this Tribunal in OA No.2297/2012 Sanjay Kumar Handa v. UOI and Another decided on 08.11.2012. The applicant therein was initially appointed as a RPF Constable and he was medically de-categorized and appointed as a Parcel Maker and later on as a Ticket Collector. In terms of the notification dated 28.10.2010 for selection to the post of Ticket Examiner, he qualified the written test and qualified for examination test. The medical board declared him fit in B-2 category. Later on, the respondents held that the said report was due to an inadvertent mistake and accordingly cancelled the same. However, in terms of the direction of this Tribunal dated 22.06.2012 in OA No.2091/2012, filed by him, the respondents reconsidered the matter and taken the view that since he has not been found fit for the post of Ticket Examiner on medical grounds, he cannot be kept on provisional panel for the same. Aggrieved by the aforesaid decision of the respondents he filed OA No.2297/2012(supra). While disposing of the said OA, this Tribunal held as under:-
3. We have heard the learned counsel of both the sides. It is noted by us that the applicant has been held to be medically unfit under the category B-2. The reasons stated for the same are that he had not produced the earlier records pertaining to his medical decategorization by which he had been declared fit only for the category C-1. It is also stated that the relevant papers were not available in the records of the respondents. There is no averment either in the impugned order or in the reply filed by the respondents that on medical reexamination as on date the applicant has been found unfit under the medical categorically B-2.
4. In view of the above, we find it appropriate that the applicant should be reexamined medically and his fitness or otherwise under the requisite category B-2 for the post of Ticket Examiner be assessed by the Medical Experts. Depending upon that a view may be taken by the respondents regarding the inclusion of his name in the provisional panel.
5. The OA is accordingly disposed with the aforesaid directions to the respondents to take requisite action within 2 months. A speaking and a reasoned order is to be passed within this period.
2. The brief facts in this case are that the applicant was initially appointed as a RPF Constable on 17.02.1981. He was medically de-categorized on 14.09.1994. Thereafter, he was posted as a Parcel Jamadar under Northern Railway on 09.08.1995. On 28.10.2010, the respondent No.2 issued the notification to conduct the selection for the post of Ticket Examiner in the grade of `5200-20200 with GP of `1900 against the 31-1/3 promotion quota for 36 posts. The applicant qualified the written examination held on 10.09.2011 for the aforesaid post. Thereafter, he was sent on medical examination on 29.02.2012. However, the respondents, vide their letter dated 19.03.2012, asked him to produce the previous medical record and he submitted the same vide his representation dated 21.03.2012. He has also submitted an application through Northern Railway Mens Union stating that he is having no medical problems now. Further, he has submitted a medical certificate dated 20.04.2012 from one Dr. A.K. Chaudhary wherein it has been held that he can hear without any hearing aid. The said report reads as under:-
To Whom It May Concern Certified that Mr. Kartar Singh S/o Shri Kesraj Singh, age 51 yrs is re-examined by me.
On Autoscopy, Both Tymparise membrane is normal in appearance with good motility. He is having Normal hearing & does not require any hearing aids & seems to work without hearing aids.
3. However, the respondents issued the impugned Annexure A-1 order dated 15.06.2012 containing the names of 29 candidates who have been placed in the provisional panel of Ticket Examiner without having applicants name therein. According to the applicant, the respondents were bound to conduct the re-medical examination in his case without any delay as has been done in Sanjay Handas case(supra).
4. The respondents have filed their reply. They have stated that the post of Ticket Collector is a selection post and it was filled up by selection i.e. written test followed by DPC in terms of para 127 of IREM Vol.-I as per the procedure prescribed in paras 189 and 219 thereof. Accordingly, the final panel is drawn up on the basis of over all merit. As such, being qualified in the written test alone is not sufficient for placing a person in the final panel. As the Applicant was de-categorized earlier, he was asked to submit his earlier medical reports. Accordingly, he submitted letter No. 54-Med/1/KS/94 dated 14.09.1994 issued by the Sr. Medical Superintendent by which he was declared unfit for class B-one and fit for class C-one and C-Two with hearing aid.
5. We have heard the learned counsel for the applicant Shri M.S. Reen and learned counsel for the respondents Shri Shailendra Tiwari. We do not agree with the submission of the learned counsel for the applicant that this case is covered by the Order of this Tribunal in Sanjay Handas (supra) case. In the said order, fresh medical examination was ordered as the original medical certificate by which the applicant therein was de-categorized was not available. Accordingly he was re-examined. However, in the case of the applicant herein, he has been medically de-categorized by the competent authority and the said certificate is available. It is for the said reason that the respondents have rejected his request for re-medical examination. However, the applicant is very confident that now he is free from any medical problems including his hearing disability. He submitted that he has fully recovered from all his hearing problems and to that extent he has also produced a medical certificate from a private medical practitioner. According to him, if he is re-medically examined, the Railway authorities themselves would come to the conclusion that he is medically fit. As the learned counsel for the applicant is insisting that the Applicant should be subjected to a re-medical examination, we asked him, as a conditions precedent, whether the Applicant was prepared to deposit an amount of `10,000/- with the respondents. On receiving instructions from the Applicant, the learned counsel informed that the Applicant is prepared to deposit the said amount with the respondents.
6. We, in the above facts and circumstances of the case, direct the applicant to deposit an amount of `10,000/- with the respondents within two weeks from the date of receipt of a copy of this order. On receipt of the said amount, the respondents shall subject the applicant to re-medical examination and if he is found fit, he should be given appointment as Ticket Examiner as in the case of those who have been appointed to the said post vide their order dated 15.06.2012 and the amount of `10,000/- deposited by him also shall be refunded to him immediately. The aforesaid exercise shall be completed within a period of two months from the date of receipt of a copy of this order. In case the Applicant is still found medically unfit, he shall forfeit the aforesaid amount of `10,000/- deposited with the Respondents.
7. With the aforesaid directions, OA is disposed of. There shall be no order as to costs.
( Shekhar Agarwal ) ( G. George Paracken )
Member (A) Member (J)
/vb/