Case Note & Summary
The petitioner, Santosh Motiram Chavan, was appointed as a Constable in the Railway Protection Force (RPF) under the Senior Divisional Security Commissioner, Bilaspur Division of South Eastern Railway on 22.07.2006. He was transferred to Central Railway, Solapur Division at Gulbarga on health grounds on 23.12.2006, and later to Mumbai Division under Respondent No. 3 at LTT on 17.04.2019. On 02.12.2020, the petitioner was medically de-categorised. The respondents did not provide any alternative employment and the petitioner was effectively terminated. The petitioner filed a writ petition under Article 226 of the Constitution of India seeking reinstatement and consideration for alternative post. The court held that medical de-categorisation does not automatically terminate employment and the Railway authorities are bound to consider the petitioner for a suitable alternative post in accordance with the rules. The court directed the respondents to consider the petitioner for alternative employment within a period of eight weeks from the date of the order.
Headnote
A) Service Law - Medical De-categorisation - Alternative Employment - Railway Protection Force - A constable medically de-categorised due to health grounds is entitled to be considered for alternative suitable post in terms of Railway Board instructions and not be terminated automatically - Held that the respondents must consider the petitioner for alternative post within a stipulated period (Paras 1-10).
Issue of Consideration
Whether a Railway Protection Force constable who is medically de-categorised can be denied alternative employment and be terminated without following due process.
Final Decision
The court allowed the writ petition and directed the respondents to consider the petitioner for a suitable alternative post within eight weeks from the date of the order.
Law Points
- Medical de-categorisation does not automatically terminate employment
- Railway authorities must consider alternative post
- Rule 26 of Railway Servants (Discipline and Appeal) Rules 1968
- Article 226 of Constitution of India
