Central Administrative Tribunal - Allahabad
Sudeep Kumar Samuel vs General Manager, N E Rly on 12 April, 2023
O.A. No.110/2021
(Reserved on 10.4.2023)
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH ALLAHABAD
Original Application No. 110/2021
Pronounced on 12th day of April, 2023
Hon'ble Mr. Justice Om Prakash VII, Member (J)
Sudeep Kumar Samuel son of late Smt. Shalini Anugrah
Samuel and Sri Sujeet Samuel r/o H. No. 1/57, Medical
College Road, Opposite Basharatpur Petrol Pump,
Basharatpur, Gorakhpur.
. . . Applicant
By Adv: Shri Bashist Tiwari
VERSUS
1. Union of India through the General Manager,
North Eastern Railway, Gorakhpur.
2. General Manager (P), North Eastern Railway,
Gorakhpur.
3. Principal Chief Medical Director, North Eastern
Railway, Gorakhpur.
..Respondents
By Adv: Shri 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 prayer for quashing the impugned orders dated 28.1.2020, 1.8.2019 and impugned physical fitness certificate dated 25.7.2019 (Annexure A-1,A-2 and A-3 respectively and direct the respondents to reconsider the case of the applicant about medical fitness which has already been issued by the competent authority i.e. Chief Medical Officer,Gorakhpur and Consultant Cardiologist, Nehru Hospital, Cardiology Super Speciality,BRD Medical College, Gorakhpur and for further direction to give appointment to the applicant against Group D post in pursuance of office order dated 8.7.2019 issued by Senior Page 1 of 6 O.A. No.110/2021 Personnel Officer/ Headquarter II along with all consequential benefits.
2. The facts in brief is that mother of the applicant who was working as Chief Matron in LNM Railway Hospital, Gorakpur died on 8.12.2015. Applicant submitted application for compassionate appointment and in pursuance of the same, an office order dated 8.7.2019 had been issued by the respondents by which compassionate appointment was given to the applicant on the post of Peon Level-I in the Construction Organization. Applicant appeared in the medical examination before the Railway Medical Board on 16.7.2019 but he was declared unfit for Group D category vide medical fitness certificate dated 25.7.2019. Consequently, the impugned order dated 1.8.2019 was issued informing the applicant that he has been declared unfit in medical fitness. Applicant had submitted appeal for re-medical examination to the Principal Chief Medical Director, North Eastern Railway, Gorakhpur on 12.9.2019 along with a medical certificate of fitness for Govt. service dated 21.8.2019 issued by Chief Medical Officer, Gorakhpur and fitness certificate dated 23.8.2019 issued by BRD Medical College, Cardiology Super Specialty Hospital, Gorakhpur. Thereafter, in pursuance of the letter dated 8.11.2019, applicant deposited Rs. 1000/- for re-medical examination through bank draft. Additional Chief Medical Director NER, Gorakhpur issued a letter dated 4.12.2019 to Medical Superintendent, BRD Medical College, Gorakhpur about verification of genuineness of medical certificate issued by Dr. Niraj Chaudhary , which was replied vide letter dated 10.1.2020 verifying that the said medical certificate was issued by Dr. Niraj Chaudhary, MD, DNB (Cardiology) who is working as consultant in Nehru Hospital, BRD Medical College, Gorakhpur. Despite verification of medical certificate submitted by the Page 2 of 6 O.A. No.110/2021 applicant vide letter dated 10.1.2020, respondents have passed an order dated 28.1.2020 mentioning therein that the PCMO/ North Eastern Railway has taken decision that "Hence the nature of disease/ defect Mr.Sudip Pratap Samuel is suffering from, there is no need to further examine/investigate /evaluate. "The decision of three doctors of the medical committee stands good and the appeal of Mr. Sudip Pratap Samuel is rejected."
3. Counter reply has been filed by the learned counsel for the respondents, stating therein that Dr. Ayaz Ahmad,DMO vide medical certificate dated 16.7.2019 certified that applicant is "unfit CEY TWO IN VIEW OF CARDIAC SURGERY FOR CONGENITAL HYPOPLACTIC RIGHT HEARD, AS RECOMMENDED BY DIVISIONAL MEDICAL COMMITTED APPROVED BY MEDICAL DIRECTOR". On the basis of above certificate, respondents issued letter dated 1.8.2019. It is further stated that as per advance correction slip (NO. 3/2017) to para 522 of IREM 2000, department has fulfilled the procedure of medical examination. The applicant is not entitled for Railway Service due to medical ground which was recommended by three senior Railway doctors committee members. It is further stated that appeal of the applicant was disposed off vide order dated 16.1.2020.
4. Heard the learned counsel for the parties.
5. Submission of the learned counsel for the applicant is that in the medical certificate dated 21.8.2019 issued by the Chief Medical Officer, Gorakhpur , it is mentioned that "Chief Medical Officer examined the applicant, a candidate for employment in Railway department and could not discover that the applicant has any disease communicable or otherwise constitutional weakness or bodily infirmity and that he does not consider this a disqualification for employment in the Railway Page 3 of 6 O.A. No.110/2021 Department. In the medical certificate dated 23.8.2019 issued by Dr. Niraj Chaudhary, BRD Medical College, Gorakhpur, it is clearly mentioned that It has been given in the full knowledge of the fact that the candidate has already been rejected as unfit for service by the Medical authority appointed by the Govt. in this behalf and that the applicant is fit for duty. It is further submitted that in accordance with the provisions contained in para 522 (ii) of the Indian Railway Medical Manual, Volume I, third Edition 2000, which provides that if any medical certificate is produced by a candidate as evidence about the possibility of an error of judgment in the decision of the first medical authority, the certificate will not be taken into consideration unless it contains a note by the medical practioner concerned, to the effect that it has been given in full knowledge of the fact that the candidate has already been rejected as unfit for service by the medical authority appointed by the Govt. in this behalf.
6. Learned counsel for the respondents submitted that three doctors committee of Railway had examined the applicant and applicant has been declared medically unfit vide medical certificate dated 16.7.2019, hence he is not entitled for re-examination. Appeal of the applicant has rightly been rejected by the department vide impugned order dated 28.1.2020.
7. I have considered the rival submissions of the learned counsel for the parties and have gone through the entire record.
8. From perusal of the record, it is evident that applicant was offered appointment on compassionate ground for the post of Peon. In the medical examination, he was declared medically unfit by the Railway doctors. Applicant requested for remedical examination for which an amount of Rs. 1000/- had been deposited by the applicant in pursuance of the letter dated 8.11.2019 Page 4 of 6 O.A. No.110/2021 issued by the respondents. Applicant submitted medical certificate of fitness dated 23.8.2019 issued by BRD Medical College, Cardiology Super Specialty Hospital, Gorakhpur, which was sent for verification by the department of genuineness of medical certificate issued by Dr. Niraj Chaudhary. In reply to the same, vide letter dated 10.1.2020, it was verified that the said medical certificate was issued by Dr. Niraj Chaudhary, MD, DNB (Cardiology) who is working as consultant in Nehru Hospital, BRD Medical College, Gorakhpur. Despite verification of medical certificate submitted by the applicant vide letter dated 10.1.2020, respondents have passed an order dated 28.1.2020 mentioning therein that the PCMO/ North Eastern Railway has taken decision that "Hence the nature of disease/ defect Mr.Sudip Pratap Samuel is suffering from, there is no need to further examine/investigate /evaluate. The decision of three doctors of the medical committee stands good and the appeal of Mr. Sudip Pratap Samuel is rejected.
9. Para 522 (ii) of the Indian Railway Medical Manual, Volume I, third Edition 2000, clearly provides that if any medical certificate is produced by a candidate as evidence about the possibility of an error of judgment in the decision of the first medical authority, the certificate will not be taken into consideration unless it contains a note by the medical practioner concerned, to the effect that it has been given in full knowledge of the fact that the candidate has already been rejected as unfit for service by the medical authority appointed by the Govt. in this behalf. In the instant case, applicant has produced a medical certificate of fitness issued by Dr. Niraj Chaudhary, ME, DNB (Cardiology),Nehru Hospital, BRD Medical College, Gorakhpur, which fulfill the requirement of the provision of para 522 (ii) of the Indian Railway Medical Manual Volume I, rejecting the claim of applicant Page 5 of 6 O.A. No.110/2021 for re-medical test is not tenable in the eyes of law. Applicant had already deposited an amount of Rs.1000/- for re-examination of medical test on the direction of respondents, the court is of the view that the respondents must re-examine the applicant by an expert committee of three doctors which must contain one expert of Cardiology either of Railway Hospital or from any other government hospital. If in the re-examination, report comes in favour of the applicant, respondents shall provide appointment to the applicant forthwith.
9. With the above observation, O.A. is disposed off. All pending MAs in this case also stand disposed off.
10. There shall be no order as to costs.
(Justice Om Prakash-VII) Member (J) HLS/-
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