HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1490/2024 CM No. 3642/2024 Vijay Kumar …..Appellant(s)/Petitioner(s) Through: Mr. Aayush Pangotra, Advocate vs Union of India and ors. .…. Respondent(s) Through: Mr. Rohan Nanda, CGSC Coram: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER 07.07.2025 ORAL 1. The petitioner in the instant petition has sought quashing of order dated 19.06.2024 along with notice dated 18.06.2024, whereby the petitioner came to be directed to report to respondent 3 for joining the post of Tech-II L.M.(Elect.) GP-2400/- on the ground that the petitioner while working as a Constable in Railway Protection Special Force in Lucknow having been appointed on 01.04.1995, attracted an ailment in the year 2000, rendering him incapable of discharging his duties as Constable, whereafter the petitioner was examined by the Medical Board, which however opined that the petitioner is fit to continue his services as Constable/Head Constable and on account of an incident on 25/26 December, 2022, while discharging his duties as Constable, owing to the said ailment, the petitioner was declared as unfit for discharging the job of Head Constable and that on Serial No. 36 2 WP(C) No. 1490/2024 20.04.2024, petitioner came to be again subjected to the medical examination by the Medical Board, which on 22.04.2025, declared the petitioner unfit for the original job of Head Constable and placed him in medical category Bee-one, whereupon the petitioner was posted in RPF post Katra on special office duty and during his working as such, the respondents called upon the petitioner in terms of the aforesaid order/notice to join the alternate employment as Tech-II L.M.(Elect) GP-2400/- i.e. electric lineman. 2. The petitioner feeling aggrieved thereof approached this Court through the medium of the instant petition for the reliefs prayed therein. 3. Objections to the petition have been filed by the respondents, wherein it is being admitted that the petitioner during the course of his services, attracted an ailment, rendering him incapable of discharging his original duties, whereafter, the petitioner was found to be fit for medical category Bee-one post and medical category Bee-Two and below and accordingly, a special supernumerary post came to be created on 01.05.2024 to charge the salary of the petitioner against the same till his absorption in the alternative job is made. It is being further stated that the petitioner was in the meantime found by the standing committee suitable for working against the post of Tech-II/L.M.(Elect), which the petitioner did not accept. It is further stated that the petitioner however had filed an application before the filing of the instant petition and had sought review of his adjustment on the alternative post, whereupon the petitioner was called and examined by the standing committee on 21.08.2024 and a 3 WP(C) No. 1490/2024 recommendation thereof came to be made by the said committee for adjusting the petitioner against the post of Jr. Clerk/RPF after obtaining approval from the General Manager on account of his medical category. Heard learned counsel for the parties and perused the record. 4. Having regard to the aforesaid specific stand taken by the respondents in the reply that the petitioner was re-examined by the standing committee on 21.08.2024 upon considering his review application, which standing committee recommended the adjustment of the petitioner against the post of Jr. Clerk/RPF, subject to the final approval by the General Manager, it is deemed appropriate to dispose of this petition at this stage and not to retain the same on board any further, with a direction to the respondents including the General Manager/ Competent Authority to effectively consider the aforesaid recommendations of the standing committee for adjustment of the petitioner against the post of Jr. Clerk/RPF, preferably within a period of six weeks from the date copy of this order is produced by the petitioner before the respondents. 5. Ordered accordingly. 6. Disposed of. (JAVED IQBAL WANI) JUDGE Jammu 07.07.2025 Neha-II Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No NEHA KUMARI 2025.07.08 13:14 I attest to the accuracy and integrity of this document