APHC010548402004 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TUHIN WRIT PETITION No Between: 1. The General Manager, South Central Railway, Secunderabad. 2. The Chief Personnel Officer, South Central Railway Secunderabad. 3. The Chief Mechanical Engineer, South Central Railway 4. The Divisional Railway Manager, South Central Railway, Guntakal. 1. Soman Pannery, S/o.C.Kannan, Technician Gr.II/C&W, Box 'N' Depot, Gooty, Guntakal Division. Counsel for the Petitioner(S): 1. Mr.VENNA HEMANTH KUMAR(CENTRAL GOVERNMENT COUNSEL) Counsel for the Respondent: 1. Mr.NANDIGAM KRISHNA RAO 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No: 15669 of 2004 The General Manager, South Central Railway, Secunderabad. The Chief Personnel Officer, South Central Railway Secunderabad. The Chief Mechanical Engineer, South Central Railway Secunderabad. The Divisional Railway Manager, South Central Railway, Guntakal. ...PETITIONER(S) AND Soman Pannery, S/o.C.Kannan, Technician Gr.II/C&W, Box 'N' Depot, Gooty, Guntakal Division. ...RESPONDENT Counsel for the Petitioner(S): VENNA HEMANTH KUMAR(CENTRAL GOVERNMENT COUNSEL) Counsel for the Respondent: NANDIGAM KRISHNA RAO IN THE HIGH COURT OF ANDHRA PRADESH [3549] THE HONOURABLE SRI JUSTICE NINALA JAYASURYA KUMAR GEDELA The General Manager, South Central Railway, Secunderabad. The Chief Personnel Officer, South Central Railway Secunderabad. Secunderabad. The Divisional Railway Manager, South Central Railway, Guntakal. ...PETITIONER(S) ...RESPONDENT VENNA HEMANTH KUMAR(CENTRAL GOVERNMENT COUNSEL) 2 The Court made the following Order: (Per Hon’ble Sri Justice Ninala Jayasurya) Heard Mr.Hemanth Kumar Venna, learned counsel for the petitioners. 2. The present writ petition is filed aggrieved by the orders dated 31.12.2003 in O.A.No.876 of 2001 on the file of the Central Administrative Tribunal, Hyderabad Bench at Hyderabad. 3. The respondent herein filed the said O.A., for a direction to the respondents therein to treat him as having been absorbed in C & W Fitter Grade-II w.e.f., 05.07.1989 on his medical de-categorization from the post of Diesel Mechanic Grade-II, which is equivalent post to C & W Fitter Grade-II and consider his case for promotion to the higher post of C & W Fitter Grade-I and as Junior Engineer on par with his immediate junior in C & W cadre with all consequential benefits. 4. 4. As per the brief facts as set out before the Tribunal, the respondent / applicant joined the Railways as Diesel Khalasi in the Diesel Shed at Gooty on 21.04.1977 and promoted as Diesel Mechanic Grade III w.e.f., 19.04.1984. Thereafter, he was promoted as Diesel Mechanic Grade II w.e.f., 05.07.1989. However, the applicant was medically de-categorized due to diesel dermatic illness from 22.05.1992 and after screening by the medical Committee, he was posted as C & W Fitter Grade III, Gooty. 5. Before the Tribunal, he pleaded that on medical de-categorization, he must be placed in similar grade post which he was holding by that date i.e., as C & W Fitter Grade-II and his seniority should have been fixed. As the 3 authorities have rejected his request, he approached the Tribunal. The respondents before Tribunal / petitioners herein filed their counter stating inter alia that the seniority of the applicant was fixed in the post of Technical Grade III in C & W Department by giving weightage to the length of service rendered by him in the Diesel Shed etc., and further that since the applicant was offered alternative post of Technician Grade III in C & W Department and joined in the said post on his volition, his claim to fix seniority in the category of Technician II by taking his date of his entry into the post of Diesel Shed was rightly rejected. 6. The learned Tribunal, after considering the matter with reference to Indian Railways Establishment Manual (IREM), more particularly, Para No.1306 governing the matter of providing alternative employment to the medically de-categorized employees, recorded a categorical finding of fact that a post of equivalent grade, which the respondent / applicant was holding by the date of his medical de-categorization i.e., C & W Fitter Grade II at the time when the respondent / applicant was available, but he was offered the post of C & W Fitter Grade III. The Tribunal also found fault with the action of the authorities in not offering the said post to the applicant and in offering the lower grade post of C & W Fitter Grade III by rejecting the contentions advanced on behalf of the Railway authorities. 7. Having appreciated the order passed by the learned Tribunal with reference to the IREM and in the light of the categorical findings recorded by it, this Court see no error or reason to interfere with the same. 4 8. In such view of the matter, the writ petition is dismissed. No order as to costs. Consequently, all pending applications shall stand closed. __________________________ JUSTICE NINALA JAYASURYA _____________________________ JUSTICE TUHIN KUMAR GEDELA BLV Dt. 04.08.2025 5 THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION No: 15669 of 2004 (Per Ninala Jayasurya, J) Date: 04.08.2025 BLV