firstly the
medical test is conducted, secondly as to when the medical
examination report is finalised and the related order of medical
decategorisation is issued ... medical examination
along with the specified date on which the medical based
retirement would take effect. In the present case, to recap, the
medical examination
employee chooses to retire
voluntarily on his being declared medically decategorized. Such an
employee may then either be continued in a supernumerary post or
allowed ... employee chooses to retire
voluntarily on his being declared medically decategorized. Such an
employee may then either be continued in a supernumerary post or
allowed
respondent with all consequential benefits. They contend that on his
medical decategorization from the post of Constable, the applicant should
not have joined as Technician ... date of his appointment as Constable in
view of medical decategorization. The cause of action when arose when he
Page
time-bound direction to the
respondents to conduct the proceedings for Medical Decategorization of
the applicant as Loco Pilot, and grant him absorption ... medical officer on the Railway medical board,
the Railways should limit their choice to medical officers in the
service of the Government or honorary medical
medically fit, he should be
repatriated to the Medical Board. He would rely on
the letter dated 25.1.2017 written on behalf of the
Chief Medical ... Divisional Office issued a
memorandum that though the petitioner was
medically decategorized from the post of constable
RPF and employed to the post of Assistant
Bench, in O.A. No.433/2016, whereby the grievance of
medically decategorizing the petitioner from the post of Gangman and
rejection of the application
Protection Force
(for short, RPF) were directed to forthwith issue the
medical decategorization certificate of the writ
petitioner in compliance with the previous Order ... alia, purporting to constitute a Medical Board on the
issue that in the case of illness, the medical record of
the concerned employee
2000), which
provides that in case of medical decategorization i.e. those cases in
4
which an employee becomes medically unfit for the post held
which govern the creation of
special supernumerary post and absorption of medically
decategorized staff provide for dispensing with the requirement
of reporting to office ... that the Railway servants who
are declared unfit even for the lowest medical category may be
absorbed in a post/category identified as suitable
inordinate delay for declaring him unfit for all category
due to medical decategorization. Only on the last date of his
service the respondents have informed ... whichever is earlier. As these instructions provided
for continuation of a medically invalidated decategorized
employee, there would be no occasion for an employee