IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER 2019 PRESENT THE HON'BLE MR. JUSTICE S N SATYANARAYANA AND THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.24009 OF 2018 (S-CAT) BETWEEN:
SRI.M.J.TARUN S/O.SRI.M.V.JAVARE GOWDA AGED ABOUT 45 YEARS WORKING AS JUNIOR CLERK O/o.SENIOR SECTION ENGINEER AC/LOCO/TS/SBC SOUTH WESTERN RAILWAY BANGALORE CITY BANGALORE – 560 023 RESIDING AT: C/o.R.HARINATH NO.26/51, 18TH CROSS SWIMMING POOL EXTENSION MALLESHWARAM BANGALORE – 560 003.
... PETITIONER (BY SHRI.BASAVARAJU.H., ADVOCATE) AND:
1. THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTH WESTERN RAILWAY BANGALORE DIVISION BANGALORE – 560 023.
2. THE SENIOR DIVISIONAL ELECTRICAL ENGINEER SOUTH WESTERN RAILWAY BANGALORE DIVISION BANGALORE – 560 023.
3. SRI A.G.KHAJI, AGE MAJOR S/O SRI GANISAR OFFICE SUPERINTENDENT O/o SENIOR DIVISIONAL PERSONNEL OFFICER DEPT/OPERATING/SWR/HUBBALLI HUBBALLI (KARNATAKA)-580 020.
4. UNION OF INDIA SOUTH WESTERN RAILWAY THROUGH THE GENERAL MANAGER KESHAVAPURA HUBBALLI (KARNATAKA) – 586 023.
... RESPONDENTS (BY SHRI.ABHINAY Y.T., ADVOCATE FOR R1, R2 & R4, R3 – DELETED VIDE COURT ORDER 10.09.2018) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE BY QUASHING THE IMPUGNED ORDER PASSED BY THE HON’BLE CENTRAL ADMINISTRATIVE TRIBUNAL AT BANGALORE IN O.A.170/00762/2016 DATED 24.01.2018 VIDE ANNEXURE-U AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, SATYANARAYANA J., MADE THE FOLLOWING:
ORDER The petitioner herein is impugning the order of Central Administrative Tribunal (‘CAT’ for short) dated 24.01.2018 in rejecting his application in O.A.No.170/00762/2016.
2. Admitted facts are that the petitioner was appointed as a Police Constable in second respondent’s Office on 03.01.1996. It is stated that subsequently, he developed epileptic seizure on frequent intervals. Hence, he was placed in sick list. On 14.08.2004, he was referred to medical board for assessment of his condition to continue in the post of Police Constable. It is seen that the medical board after conducting examination of the petitioner, passed an order on 08.05.2006 vide Annexure – ‘B’ opining that the petitioner is unable to work as a Police Constable and needs to be de-categorized from the post of Police Constable. It is also recommended that he should be considered for light work where he would not be working near fire, water or near any moving machinery.
3. Based on the recommendation made by the medical board, a certificate was issued by the South Western Railway dated 15.09.2008 vide Annexure-‘J’, thereafter, the petitioner was posted to monitor the CCTV from 17.07.2006. In the meanwhile, it is seen that when the petitioner was assigned aforesaid job, he was not working continuously. He was on leave on several occasions from 08.05.2006 to 07.10.2011 on frequent intervals. Initially, his leave of absence is treated as sick leave, after the leave under sick leave category was exhausted, his absence from duty was considered as leave without pay. It is also seen that subsequently on 12.09.2011, the petitioner though he has not worked regularly between 08.05.2006 to 07.10.2011, was recommended from the post of CCTV monitor operator to that of Commercial Assistant vide Annexure-‘Q’.
4. It is thereafter in the year 2016, he had approached the CAT for the following reliefs:-
“a) direct the respondent No.1 to treat the applicant had been de-categorized as per the Railway Medical Board held on 08.05.2006 at ANN-A4 to fit for C-I (CEE-One) and below medical category and to work away from water, fire and moving machinery as per the IRMM Volume-I, Section 561(B) (1) as done in the case of SRI.A.G.KHAJI-R-3 and other employees in ANN-A16, A17 & A22 and to treat the period of 7 years keeping the applicant in sick list as duty and to grant eligible promotion, eligible leave and salary with all consequential benefits in the interest of justice and equity.”
It is this application which was numbered as O.A.No.170/00762/2016 was heard and disposed of by order dated 24.01.2018 vide Annexure-‘U’. The said order is impugned in this petition on the ground that the same is not a speaking order; that his prayer for considering his leave as continuity of service from 2004 in the post of Police Constable is not considered; that his continuous service as Constable is not considered and his prayer for release of salary for the above period with consequential benefits is rejected.
5. The material which were placed before the Tribunal by the petitioner in support of his claim are made available in this writ petition. When the aforesaid documents are looked into, it would clearly disclose the manner in which the case of the petitioner herein was considered right from 2004. Initially, he approached the medical board seeking de-categorization from the post of Police Constable. That he was provided light work till his promotion to the post of Commercial Assistant is considered by order dated 12.09.2011 vide Annexure-‘Q’. It is also seen that he was assigned light work from 2004, he has been continuously on leave from 2006 to 2011 till he was considered for the post of Commercial Assistant.
6. It is on consideration of aforesaid facts the Tribunal has rightly rejected his prayer. Since the petitioner was on sick leave continuously between the period from 2006-2011, he is not entitled to claim wages or any other benefits. In that view of the matter, this Court by confirming the order dated 24.01.2018 vide Annexure-‘U’ would hold that the rejection of his application – O.A.No.170/00762/2016 is fully justified and does not call for interference in this writ jurisdiction.
Accordingly, writ petition is dismissed.
Sd/- JUDGE VMB Sd/- JUDGE