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4. The respondents filed written statement contesting the claim of the applicant. It has been stated therein that the applicant was appointed as constable in RPF Department on 08.04.2006 and was declared permanently unfit from the Constable RPF and Medical category Bee-One and Bee-Two. He is found fit in medical category Cey-One and below with hearing aid without glasses for AEMG glasses vide letter dated 18.12.2017 (Annexure R-1) and was offered the post of Commercial clerk G.P 2000/L-03 on AEMG (Alternative employment on medical ground) vide office letter dated 16.05.2018 (Annexure R-2) and posted as commercial clerk at Dholkot. After a gap of 02 years from his joining at Dholkot station as commercial clerk, he requested for his change of category to office clerk which has been correctly rejected by the office in terms of RBE No. 121/2007 (Annexure R-3). As per Annexure A-6, the request should not be entertained for change of category to commercial and other non-technical popular categories like Clerk, Account Clerk, Ticket Collector, Commercial Clerk, Senior Clerk, Junior Accounts Assistant, Commercial Apprentice, Traffic Apprentice, ECRC etc. (Annexure R-4).

5. The respondents further submitted that change of category cannot be claimed as a right. However, applicant‟s request for change of category was duly considered and was rejected as per RBE No. 121/2007.

6. The applicant filed rejoinder reiterating his contentions while relying heavily upon RBE 175/1987 (Annexure A-7), RBE 121/2017 and para 1306 of Indian Railway Establishment Manual.

7. The respondents filed additional affidavit. It has been submitted therein that the RBE120/2018 states that the requests should not be entertained for change of category to commercial and other non- technical popular categories like Clerks, Accounts Clerk, Ticket Collector, Commercial Clerk, Sr. Clerk, Jr. Accounts Assistant, Commercial Apprentice, Traffic Apprentice, ECR etc. It has been further stated that the clause 1306 of IREM Vol-I is applicable for those who are completely disabled for further service in any post in the Railways i.e. those who cannot be declared fit even in the "C" medical category, whereas the applicant was declared medically fit in the medical category C-1 and below with hearing aids without glasses for AEMG and was offered the post of Commercial Clerk on AEMG as per the approval of suitability committee (Annexure R-6).

10. On the other hand, the respondents defended their action of rejecting the claim of the applicant for change of category from Commercial Clerk to Ministerial office on the basis of the same very order RBE No. 121/2007 (Annexure A-6) which deals with the request for change of category to Commerical and other non-technical popular categories like Clerk, accounts Clerk, Ticket Collector, Commercial Clerk, Sr. Clerk, Jr. Accounts Assistant, Commercial apprentice, Traffic apprentice, ECRC etc. The contents of the order RBE No. 121/2007 are reproduced hereunder for better understanding:-

"Sub: Change of category to Commercial and other non- technical popular categories.
Reference Instructions contained in this Ministry's letter No. E(NG)1-95/TR/16 dated 20.12.1995 placing restrictions on the change of category to the category of Ticket Collector in the Commercial Department.
2. The matter has been reviewed by the Board. In modification/ amplification of instructions contained in this Ministry's letter dated 20.12.1995 referred to above, it has been decided that requests should not be entertained for change of category to Commercial and other non-technical popular categories like Clerk, Accounts Clerk, Ticket Collector, Commercial Clerk, Sr. Clerk, Jr. Accounts Assistant, Commercial Apprentice, Traffic Apprentice, ECRC etc. However, the Administration's powers to absorb surplus staff and medically decategorised staff in any category as per procedure in force remain unaffected. Please acknowledge receipt."