BIBEK CHAUDHURI,J. - (1.) The respondent as applicant filed original application being O.A No.1055 of 2016 before the Central Administrative Tribunal, Calcutta Bench, Calcutta alleging, inter alia, that while he was working as Head Constable, R.P.F. Eastern Railway, he was medically de-categorised for the post and was posted as Track Maintainer, Gr. II (Chowkidar) in the Grade Pay of Rs.2400 (substantive) in the Engineering Department vide office order dated 16th November, 2015. According to the respondent/applicant, his posting as Track Maintainer, Gr. II (Chowkidar) is not the post at par with the Head Constable and he was reduced in rank, though his financial emoluments were protected. It was contended that by virtue of medical de-categorisation, he cannot be demoted from his original post of Head Constable and reduced in rank.
(2.) The Tribunal disposed of the original application by the impugned order dated 24th August, 2018. Paragraph 10 thereof reads as follows: "10. In as much inarguably and indubitably the applicant would deserve adjustment against a supernumerary post pending location of a suitable alternative 'post' with the same pay scale and service benefits in which the applicant was working on regular basis before being declared medically unfit, without reduction in rank, we dispose of the present O.A with a direction upon the respondents to make efforts to locate a suitable alternative post for the applicant in accordance with RBE 89/1999 and pending such location to adjust the applicant against appropriate supernumerary post in accordance with the said RBE 89/99, extracted supra."
(3.) The aforesaid order passed by the tribunal on 24th August, 2018 is challenged in the instant proceeding by the Union of India and officers of the Eastern Railway under Article 226 of the Constitution.;