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2. Facts leading to the writ petition are that the 2nd respondent, Mr.M.Rajendran, was appointed as Gangman, in Scale of Pay of Rs.196-232, under Section Engineer, Permanent Way, Tiruthuraipoondi, with effect from 07.01.1976. Thereafter, he was promoted as Keyman and further promoted as Gangmate in Scale of Pay of Rs.260-400, in the year 1982. According to the petitioners, he was holding the substantive post of Gangmate in scale of Pay of RS.950-1500 (IVth Pay Commission. Thereafter, he was promoted as Permanent Way Mistry, a safety post, with medical classification of "AYE THREE" (A3), purely on "AD HOC BASIS", in Scale of Pay of Rs.1400-2300 (IVth PC)/Rs.4500-7000 (Vth PC), with effect from 09.01.1989, from the post of Gangmate in sale of Pay of Rs.3050-4590 (Vth PC)/Rs.5200-20200, plus Grade Pay of RS.1900/- (VIth PC).

9. The petitioners have further contended that the medical standard/medical classification, required for the post of Senior Permanent Way Supervisors, is "AYE THREE", being the safety category of laying and maintaining the railway permanent way track and when the 2nd respondent was found medically unfit for "AYE THREE" Medical Classification, but medically found fit in "CYE ONE" and below, he cannot be retained in the post of Senior Permanent Way Supervisor and hence, as per the extant instructions, the 2nd respondent was placed in a Supernumerary Post, with effect from 22.09.2011 and continued to be in the post, pending provision for an alternative appointment, suitable to his medical classification, "CEY ONE" and below.

Being aggrieved by the same, Railways have preferred this instant writ petition.

12. Inviting the attention of this Court to Paragraph 510 of the Indian Railway Medical Manual, Volume I, 3rd Edn., Mr.V.Radhakrishnan, learned Senior Counsel for Railways submitted that the post of Permanent Way Mistry, falls in "AYE THREE" class and in the interest of public safety, the medical test to be satisfied, which according to medical classification, is "AYE THREE". He further submitted that though the 2nd respondent was promoted on 09.01.1989, as Permanent Way Mistry, on adhoc basis, from the post of Gangmate, Railway Medical authorities have conducted periodical medical examination.

(2) No promotion shall be denied to a person merely on the ground of his disability: Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section."

56. In 2008, the 2nd respondent was promoted as Senior Permanent Way Supervisor and found fit for AYE THREE category. He had been holding the post for three years and six months. However, vide letter, dated 01.11.2011, the Medical Superintendent, Southern Railways, Divisional Office, Medical Branch, Golden Rock, has stated that the 2nd respondent was found unfit for AYE THREE category and fit in CEY ONE and below, not involving jobs with heavy machinery, heights, tracks and near water. The said letter is extracted hereunder: