ANURAG SHARMA v. GENERAL MANAGER, NORTH CENTRAL RAILWAYS, AND 2 OTHERS
WRIA/4652/2025 · 2025-07-16
Arun Bhansali, Kshitij Shailendra
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 41283 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41283 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:115693-DB Chief Justice's Court Case :- WRIT - A No. - 4652 of 2025 Petitioner :- Anurag Sharma Respondent :- General Manager, North Central Railways and 2 others Counsel for Petitioner :- Radha Kant Ojha (Sr. Adv.), Shivendu Ojha, Sneh Pandey Counsel for Respondent :- A.S.G.I., Krishna Ji Shukla Hon'ble Arun Bhansali, Chief Justice Hon'ble Kshitij Shailendra, J.
1. This writ petition is directed against order dated 03.03.2025 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad (for short 'the Tribunal') whereby the Original Application ('O.A.') filed by the petitioner has been disposed of. 2. The O.A. was filed by the petitioner, an Assistant Loco Pilot, with a prayer to issue a direction directing the respondents to constitute a Medical Board to further provide alternate job on medical ground to the petitioner regarding his performing running duties as Senior Assistant Loco Pilot Railway. 3. The Tribunal, on the respondents' assertions that they were ready to constitute fresh Medical Board, directed, with the consent of parties, to the competent authority to constitute a fresh Medical Board in accordance with the rules for examining the fitness of the applicant-petitioner for category 'A' and if the petitioner fails to pass the category 'A' test, then the respondents were directed to consider the case of the petitioner for alternate job as per rules. 4. In the O.A., the submissions were made that the respondents have constituted a Medical Board of the same persons who have
previously examined the petitioner and have given opinion against him and therefore, there is likelihood of their repeating the same opinion and hence, the respondents be directed to constitute a Medical Board at a place other than the place where the previous Medical examination took place. 5. Pursuant to the order passed by this Court, the respondents have produced instructions inter alia indicating that the Medical Board has been constituted and further indications have been made that the plea raised by the petitioner before this Court has been sympathetically considered and a decision has been taken to send the petitioner to Howrah Orthopedic Hospital which is a centre of excellence for Orthopedic of the Indian Railways for fitness opinion. 6. Counsel for the petitioner has no objection to get the petitioner examined at the Howrah Orthopedic Hospital. 7. In view thereof, the petition filed by the petitioner is disposed of. 8.
In terms of the order dated 03.03.2025 passed by the Tribunal, the petitioner would be subjected to medical examination by a Medical Board of the Howrah Orthopedic Hospital within a period of 15 days and thereafter, in terms of the directions of the Tribunal, the needful would be done. 9. It goes without saying that the Medical Board would provide an independent opinion without being influenced by the earlier opinions accorded in this regard. Order Date :- 17.7.2025 AHA/AKShukla (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- AFZAL HUSAIN ABBASI High Court of Judicature at Allahabad