A.K. Banerjee, J. - (1.) The petitioner in the original application before the Tribunal, being the respondent herein, appeared in a regular recruitment process for the post of Assistant Signal Maintainer, Grade -III. He became successful in the process and was asked to appear before the Medical Board for appropriate medical test where he was unfortunately declared unfit, as he could not cross the medical eligibility criteria of B -1.
(2.) The petitioner made representations one after another, inter alia, asking for alternative employment where such medical fitness was not required. He referred to the earlier circulars of the Railways to the effect that alternative appointment could be given in such circumstance. The Railway, however, rejected the prayer on the strength of the Circular of 2009 that prevented the Authority to give alternative appointment in the given circumstance. The controversy, thus, came in a narrow campus before the Tribunal when the concerned candidate approached the Tribunal as to whether the Circular of 2009 would have retrospective effect or not. Pertinent to note, in case such Circular did not have retrospective effect, the applicant before the Tribunal would be entitled to the benefit of the earlier Circular claiming alternative appointment.
(3.) The Tribunal heard the parties and ultimately disposed of the matter vide judgment and order dated November 25, 2010, appearing at pages 91 - 94 of the petition. The relevant portion of the Tribunal is quoted as under: - 15. However, in the present case the applicant has stated that he was eligible to be considered for alternative appointment as per Railway circulars extant at the time he was applying for the post of Assistant Signal Maintainer, Grade -III and that the circulars of 2009 cannot have retrospective effect. We agree. Let the applicant represent to the authorities, respondent No. 3 within 15 days of the issue of our orders for alternative employment. On receipt of the same respondent No. 3 will consider the representation in the light of the instructions extant at the time that the applicant applied for the post in 2004. The respondents will come to a decision in the matter within a period of 3 months after the receipt of the representation from the applicant. Results should be communicated to the applicant by a speaking order.;