BHUMIKA CHAUDHARY v. UNION OF INDIA THRU. DIRECTOR GENERAL RAILWAY PROTECTION FORCE NEW DELHI AND 4 OTHERS
WRIA/12789/2025 · 2025-11-07
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185155 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185155 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12789 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J.
1. Heard learned counsel for petitioner and Mr. S. B. Pandey, learned Deputy Solicitor General of India assisted by Mr. Varun Pandey, learned counsel for opposite parties. 2. Present petition has been filed seeking a direction to concerned authority for holding a Medical Board to re-examine the condition of petitioner. 3. It has been submitted that earlier petitioner who is employed on the post of Constable in the Railway Protection Force met with road accident on 29.11.2023 with serious fractures in her right leg and right hand due to which she underwent surgery and orthopedic plates were inserted. It is submitted that she was subsequently discharged. It is submitted that joining was thereafter permitted on the basis of report dated 21.12.2024 by the orthopedic surgeon of the Railways indicating that she was fit to join duty. 4. It is however submitted that the certificate was Versus Counsel for Petitioner(s) : Praveen Kumar, Saroj Kumar Verma, Sudhanshu Srivastava Counsel for Respondent(s) : A.S.G.I. Bhumika Chaudhary .....Petitioner(s) Union Of India Thru. Director General Railway Protection Force New Delhi And 4 Others .....Respondent(s)
only with regard to petitioner's fitness for joining duties but did not consider the aspect of extensive injuries which had been suffered by petitioner rendering her unfit for active duty. 5. He has placed reliance on Paragraph 1301 of Chapter XIII of the Indian Railway Establishment Manual Volume I 1989 to submit that in such circumstances, the services are not required to be dispensed with or reduced in rank but shifting to some other post with the same pay-scale and service benefits is permissible. 6. Learned counsel appearing for opposite parties has refuted submissions advanced by learned counsel for petitioner with the submission that once petitioner was found fit for duty and has joined in pursuance thereof, there was no occasion to constitute a re-medical Board, for which also there is no such provision. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is evident that the certificate issued by doctor concerned dated 21.12.2024 only indicates fitness of petitioner for resuming her duties. The certificate does not advert to any post operative difficulties being faced by petitioner. 8.
In such circumstances, liberty is granted to petitioner to file fresh representation before opposite party No.4 i.e. The Senior Divisional Security Commissioner, Railway Protection Force, Northern Railway, Hazratganj, Lucknow it shall be open to the said authority to get petitioner examined by Medical Board and thereafter to take a decision in the light of Paragraph 1301 of Chapter XIII of the Indian Railway Establishment Manual WRIA No. 12789 of 2025 2
Volume I 1989. Such an exercise shall be completed within a period of six weeks from the date a certified copy of this order is served upon concerned authority or any other relevant guidelines. 9. With the aforesaid directions, the writ petition stands disposed of. November 7, 2025 Subodh/- WRIA No. 12789 of 2025 3 (Manish Mathur,J.) Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench