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17. It is evident from the factual aspect that the writ petitioner was appointed under the respondent as Assistant Loco Pilot to Senior Loco Pilot which has been denied due to the reason that the writ petitioner was found medically unfit and has been held not medically fit to hold that post of Senior Loco Pilot and hence, he has been given the post of junior clerk in the account section. It would be evident from the factual aspect that the writ petitioner initially was appointed as Assistant Loco Pilot which was based upon his medical fitness at the time when he was in that service to function as Assistant Loco Pilot. Subsequent to the passage of time when the advertisement notice was issued by the respondent concern for fulfilling the post of Senior Loco Pilot to be filed from among suitable serving service candidates, in which the writ petitioner has also participated. However, he has been declared to be qualified so far as the skill performance is concerned but he has been found to be medically unfit due to some defect in the eye. Therefore, the respondents have taken decision on the ground of such medical unfitness holding the writ petitioner not eligible to holding the post of Assistant Loco Pilot and hence, he has been given the post of Junior Clerk in the Accounts Department. The writ petitioner being aggrieved with action of the respondent has raised a grievance that there cannot be any discrimination on the ground of medical unfitness.

18. It has been contented before the authority concerned that even if the writ petitioner has been declared to be medically unfit for the post of Senior Loco Pilot then he is entitled to be posted at the same pay scale to the other post so as not to cause detriment to him. The respondents when gave no notice to such request the writ petitioner having no option but to move before the learned Tribunal for redressal of his grievance so that he being posted at the same pay scale equivalent to the post of Senior Loco Pilot on the ground that once he has been appointed as assistant loco pilot and at that time he was found to be medically fit in all respect and if subsequent thereto, in course of discharging his duty he has been found to be medically unfit the same will be said to be crept up in discharge of the official duty.

37. This Court is now proceeding to analyze the factual aspect of the present case.

38. It is admitted case, herein, of the respondent that the writ petitioner was found to be medically unfit, since, there is some defect in his eyes.

Therefore, the petitioner is not found to be fit to hold the post of loco pilot which has got the nature of duty of driving the train.

39. We are not questioning the said decision taking into consideration the nature of duty which it to performed by a public servant who is to hold the post of the Loco Pilot either junior or senior. Since, the perfectness of the eyes is the mandatory condition for such public servant to discharge duty of the Loco Pilot either junior or senior but the issues which is to be decided herein as to whether if the writ petitioner is found to be medically unfit then can be put into detrimental situation by way of discrimination on the ground of medical unfitness.

48. The only consideration has to be given that if such medical unfitness has been crept up in course of discharge of the official duties can he be denied the benefit of higher post subsequently. The aforesaid principle is applicable for the reason that if a candidate is being inducted in the service but he has been found to be medically unfit then in such situation eventually there is no question of applicability of Section 47 of the old Act, 1995 or Section 20 of the new Act 2016 but where the person concerned has been inducted in the service on the ground of being medically fit by the doctors and subsequently in course of discharge of duty if any medical disability has crept up the same will be said to be crept up in course of the official discharge of duty. The case herein is the same. Since, there is no objection on the part of the respondents to the fact that when the petitioner was medically fit when inducted in service to discharge his duty as Assistant Loco Pilot but when he has been examined medically at the time when he was to be promoted as Senior Loco Pilot then he was found to be medically unfit due to some defect in his eyes. The writ petitioner when has been inducted in service as Junior Assistant Loco Pilot and subsequently if any medical ailment has come, said to be in nature of the unfitness the same according to our considered view construed to be occurred in discharge of the official duty and in that view of the matter the provision of Section 47 of the Act 1995 or Section 20 of the Act 2016 as per its applicability will apply.