- (1.) THE petitioners in the WPCT under Article 226 of the Constitution of India dated November 12, 2014 are questioning an order of the Central Administrative Tribunal Calcutta Bench dated July 25, 2014 allowing the respondent's OA No. 206 of 2012.
(2.) THE respondent was working in the S.E. Railway as an Electric Passenger Driver in the pay scale Rs. 5,500 -9,000. He was medically de -categorized, but was found fit for sedentary nature of job. He was drafted as a crew controller in the scale Rs. 5,500 -9,000. For the purpose the authority issued an order dated August 5, 2003.
(3.) IT was mentioned in the order dated August 5, 2003 that the respondent would get allowance according to Estt. Srl. No. 38/98; that he would continue to progress in running cadre; and that he would get 120 KM ALK per day. The Railway Board Estt Srl. No. 38/98 was issued modifying an existing scheme for filling the post of Loco Running Supervisors (Loco Inspectors and Power Controllers/Crew Controllers). Para. 2 (g) of the Srl. is quoted below: - - "(g) Medically decategorised drivers will be eligible to be drafted to perform the duties of Power/Crew Controllers. In their case, the tenure rule of three years under Para(f) above will not be applicable. However, if their performance is not found satisfactory, in addition to action under D&AR, as they cannot go back to Running duties, they will be considered for alternative jobs following the rules applicable to medically decategorised employees.";