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Criticizing the Southern Railway for repeatedly denying a diabetic man appointment in a Group D post citing his disease, the Madras High Court today slapped a cost of Rs 10,000 on it and directed them to ensure his appointment on compassionate grounds to any one of the posts other than those falling in safety category within 15 days.
A division bench, comprising Justices S Manikumar and G Choca Chockalingam, noted that Railways had been forcing the man to run from pillar to post despite an HC order that diabetes could not be the basis for rejection of job applications and a positive directive from the Central Administrative Tribunal as well.
"The Divisional Personnel Officer, Southern Railway, Madurai division, without considering the judgment of the High Court in proper perspective, seems to be harping on same objections made on earlier occasions. Unnecessarily, he has driven M Packiaraj to courts and tribunals to pursue for legal remedy," the bench said.
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The judges found no merit in Southern Railways petition and dismissed it with costs of Rs 10,000 to be paid by the Divisional Personnel Officer.
The bench also directed them to also consider the case of Packiaraj for employement on compassionate grounds to any one of the posts other than those that fall under the safety category within 15 days.
Packiaraj applied for a Group D post on compassionate grounds as his trackman-father died in January, 2010 while in service. It was rejected on the ground that he was found unfit in all classes of medical classifications.
He was given three chances and at the end of every medical examination he was declared not fit for any post in railways, as he had diabetes.
Packiaraj then moved CAT which on August 8, 2014 directed Railways to consider him for the post.
The SR General Manager, its divisional personnel officer and Chief Medical Superintendent then moved the court to set aside the CAT directive.
Dismissing the petition, the HC said an earlier division bench order declaring that diabetes could not be a valid ground for rejection of job applications had not been invoked in letter and spirit in the case of Packiaraj.
"For four years, he has been making requests to provide employment assistance but it has been denied by citing the only reason that he had been found unfit," the judges said.
The case was adjourned to November 16 for reporting compliance.
