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D.O.No.AIRF/226(54)                                                                                                                               Dated: March 10, 2014

Dear Dr. Prasad,

Sub: Appointment on compassionate ground – Cases of candidates detected diabetic during medical examination

                This refers to our discussion on the above subject matter during the course of opening session of the last PNM Meeting of the AIRF, held on 16th January, 2014, with the Railway Board. I write to draw your kind attention towards my D.O. letter of even number dated 12th February, 2014 on the subject, wherein I had elaborated the position of a candidate, to be appointed on compassionate ground, who was detected diabetic during medical examination and denied appointment due to having been declared medical unfit due to diabetes, citing the case of Shri Abhineet Jain, s/o late Smt. Rashmi Jain, Ex. JE/Wagon Directorate/RDSO/LKO, who has been denied appointment as Jr. Clerk in Accounts Deptt. under DG/RDSO/LKO because he was declared medical unfit by the CMS/RDSO/LKO, having been found diabetic.

In this connection, it would be pertinent to mention that the Hon’ble High Court of Madras in W.P. No.21082 of 2013 and MP No.1 of 2013(photocopy enclosed for ready reference), in a similar case, where General Manager Southern Railway and others were Petitioners, had delivered judgment, upholding the judgment of CAT/Madras Bench, Chennai, which inter-alia had quashed the contention of the Railway administration, denying appointment on compassionate ground to a candidate detected diabetic during medical examination and considered medically unfit solely due to diabetes.

I would, therefore, request you that the candidates who are to be appointed on compassionate ground and are found having diabetic during medical examination should not be declared medically unfit merely due to diabetes, so that they are appointed as such in the interest of justice to support the family of the deceased employee.

I would request an early action in the matter.

Encl: As above

GS Sign

 

 

 

Copy to: General Secretaries, all affiliated unions – for information.

 

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No.AIRF/226(54)                                                                                                                                       Dated: March 10, 2014

The EDE(N),

Railway Board,

New Delhi

Kind Attn: Shri Arvind Kumar, EDE(N), Railway Board 

Dear Sir,

Sub: Appointment on compassionate ground – Cases of candidates detected diabetic during medical examination

                This refers to our discussion on the above subject matter during the course of opening session of the last PNM Meeting of the AIRF, held on 16th January, 2014, with the Railway Board. I write to draw your kind attention towards my D.O. letter of even number dated 12th February, 2014 on the subject, wherein I had elaborated the position of a candidate, to be appointed on compassionate ground, who was detected diabetic during medical examination and denied appointment due to having been declared medical unfit due to diabetes, citing the case of Shri Abhineet Jain, s/o late Smt. Rashmi Jain, Ex. JE/Wagon Directorate/RDSO/LKO, who has been denied appointment as Jr. Clerk in Accounts Deptt. under DG/RDSO/LKO because he was declared medical unfit by the CMS/RDSO/LKO, having been found diabetic.

In this connection, it would be pertinent to mention that the Hon’ble High Court of Madras in W.P. No.21082 of 2013 and MP No.1 of 2013(photocopy enclosed for ready reference), in a similar case, where General Manager Southern Railway and others were Petitioners, had delivered judgment, upholding the judgment of CAT/Madras Bench, Chennai, which inter-alia had quashed the contention of the Railway administration, denying appointment on compassionate ground to a candidate detected diabetic during medical examination and considered medically unfit solely due to diabetes.

I would, therefore, request you that the candidates who are to be appointed on compassionate ground and are found having diabetic during medical examination should not be declared medically unfit merely due to diabetes, so that they are appointed as such in the interest of justice to support the family of the deceased employee.

I would request an early action in the matter.

GS Sign

Encl: As above

 

 

 

Copy to: General Secretaries, all affiliated unions – for information.