CAT Chandigarh RAILWAY Compassionate APPOINMENT CASE wherein medical examination, the applicant was declared medically unfit due to low vision.
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FACTS OF THE CASE
The applicant’s father who was a loco-pilot Gr.I in the respondents office expired in August 2019 while in service. Thereafter, the applicant applied for appointment on compassionate grounds and also appeared in the written test held on 10.12.2019. He was declared successful and thereafter he was asked to undergo medical examination which was conducted on 11.12.2019. In this medical examination, the applicant was declared medically unfit due to low vision. The result of the medical examination was communicated to the applicant vide letter dated 30.12.2019. In terms of this letter, the applicant preferred an appeal.
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ARGUMENTS ADVANCED
APPLICANTS ARGUMENTS
Counsel for the applicant contends that despite lapse of over eight months since then, the applicant has not heard anything from the respondent department. He further contends that even in case the applicant is physically unfit, he can be considered for the quota reserved for physically handicapped persons as per master circular No.13 of the respondent department as he has also made a representation dated 24.7.2020 to consider his case for appointment on compassionate grounds in disability quota. The applicant’s counsel further contends that at present his limited prayer is that the department may be directed to take a final decision on his representations in a time bound manner.
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FINDINGS OF THE COURT
Considering the limited prayer, the court is of the view that the respondent should consider the applicant’s representation regarding the quota reserved for the physically unfit people.
CONCLUSION
The court disposed the O.A., by directing the Competent Authority amongst the respondents to consider and decide the representation dated 24.7.2020 of the applicant in accordance with law by passing a reasoned and speaking order within a period of three months from the date of receipt of certified copy of this order.
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The application was filed by the applicant to issue an order directing the Railway Authorities to reconsider his application for the pilot’s pose for which he has cleared the written test but was declared physically unfit in the medical round. The court directed the concerning competent authorities to look into the matter.
This post is written by Sachal Mantri.
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