Railway employee declared medically unfit for RPF duties sought treatment of his sick-list period as duty. The Tribunal allowed his claim; the High Court confirmed it, holding administrative delay in medical invalidation cannot deny salary for that period.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2025:MHC:207
W.P.No.30640 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.12.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN
W.P.No.30640 of 2024
and
W.M.P.Nos.33250 & 33253 of 2024
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5.Assistant Personnel Officer General, Head Quarters Office, Personnel Branch, Chennai – 600 003.
6.Chief Personnel Officer, Head Quarters Office, Personnel Branch, Chennai – 600 003. ... Petitioners
Vs.
P.Anandan
... Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, c alling for records pertaining to the order dated 14.09.2023 in O.A.821/2019 on the file of the Central Administrative Tribunal, Chennai Bench and Quash the same.
For Petitioners : Mr.S.Janarthanam SPCG For Respondent : Mrs.Y.Kavitha For M/s.P.V.S.Giridhar Associates
O R D E R
[Order of the Court is made by S.M.SUBRAMANIAM, J. ]
The Union of India is the writ petitioner. The writ petition has been filed challenging the order of the Central Administrative Tribunal dated 14 th
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September, 2023 in O.A.No.821 of 2019.
2. The respondent entered service as a Rakshak in Railway Protection Force (RPF) on 03.04.1982. He was promoted to the post of Head Constable on April 2004. On 18.08.2006, the respondent was diagnosed with L4-L5 disk bulge and underwent spinal cord surgery. He was subsequently placed under the sick list.
3. On 22.01.2007, the Medical Director / 3 rd petitioner sought for previous medical reports from the Senior Divisional Security Commissioner, Railway Security Force / 4 th petitioner. On 05.02.2007, the 4 th petitioner forwarded the medical records to the Medical Board, stating that the respondent had been on the sick list since 18.08.2006.
4. Pursuant to the medical examination order dated 21.02.2008 of the 4th petitioner, the respondent was declared as “unfit for RPF duties in the medical category of 'Bee One' and recommended for alternate employment on medical grounds in the medical category in 'Cee One' and below category for a sedentary job”. The respondent was referred to the Standing Medical Board on 18.08.2006 and was declared unfit on 15.08.2007, after a period of
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12 months. He was initially placed in supernumerary post and subsequently absorbed into an alternate post. The respondent made a representation to treat the period from 22.01.2007 to 16.08.2007 as duty, but it was rejected. Consequently, the respondent filed the Original Application in O.A.No.821 of 2019. The Tribunal allowed the Original Application, resulting in the filing of the present writ petition by the Union of India.
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which would fall within the ambit of Rule 524 of IRMM.
10. After declaring the respondent unfit to perform RPF duties, he was provided with alternate employment. That being the case, the period from 22.01.2007 to 15.08.2007 has been rightly declared as 'on duty' by the Central Administrative Tribunal, and we do not find any infirmity. Consequently, the Central Administrative Tribunal order dated 14 th September, 2023 in O.A.No.821 of 2019 stands confirmed and the Writ Petition is dismissed. The connected Miscellaneous Petitions are closed. No costs.
[S.M.S., J.] [M.J.R., J.] 16.12.2024
Jeni
Index : Yes Speaking order Neutral Citation : Yes
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To
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W.P.No.30640 of 2024
S.M.SUBRAMANIAM, J. AND M.JOTHIRAMAN, J.
Jeni
W.P.No.30640 of 2024
16.12.2024
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1 issue framed by the court
Whether an employee on the sick list pending medical invalidation is entitled to have the interregnum period treated as duty under Rule 524 of IRMM.
3 provisions across 2 enactments
Union of India, rep. by its General Manager, Southern Railway
The Chief Medical Director, Southern Railway
Medical Director, Railway Hospital, Perambur
Senior Divisional Security Commissioner, Railway Protection Force
Assistant Personnel Officer General, Head Quarters Office
Chief Personnel Officer, Head Quarters Office
S.M.Subramaniam
M.Jothiraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
