V K NARAYANAN Vs. SENIOR DIVISIONAL ENGINEER SOUTHERN RAILWAY AND

JUDGEMENT

(1.) THE petitioner, Sri V. K. Narayanan, Gangman, Gang No. 6, Southern Railway, Trichur, having at that time 17 years of service, was served with Memorandum No. J/p. 510/ix/srr, dated 28-4-1977, a true copy of which is - Ext. P1, by the 1st respondent, the Senior Divisional Engineer, Southern Railway, Olavakkot, wherein in paragraph 3, it is stated as follows: 3. Sri V. K. Narayanan, Gangman/tcr under PW1/tcr who was discharged from sick list from 6-4-77 as unfitted by DMO/oja in Class B1 to B2 but fit in Class C1 and C2 only vide his letter No. G/md- 84/11 of 7-4-77, is granted EXL from 6-4-77 to 5-10-77 (6 months) or till he is offered alternative appointment whichever is earlier. Thereafter the petitioner made a representation dated 4-5-1977, a true copy of which is Ext. P2, requesting the 2nd respondent, the Senior Divisional Personnel Officer, Southern Railway, Olavakkot, to find a suitable alternative employment for him. Ext. P3 is the copy of Memorandum No. J/p. 510/ix/srr dated 13-10-1977 issued by the 2nd respondent informing the petitioner that, as no alternative suitable appointment could be provided to him, his service was terminated on the expiry of the sanctioned EXL. It is this order which is under challenge in this writ petition.

(2.) IN paragraphs 2 and 3 of the counter affidavit sworn to by the 2nd respondent, on behalf of the 1st respondent also, events leading to the issue of Ext. P3 order have been traced; therein it is stated, inter alia, that the respondents had made earnest efforts to find a suitable alternative employment for the petitioner; as a matter of fact the petitioner had also appeared, along with others, before the screening committee for the selection to the post of watchman/lascar/peon in pursuance of 2nd respondent's notice, a copy of which is Ext. P1; but the petitioner was not found suitable for appointment to any of those posts. It is also averred that at the time when the petitioner was found medically unfit in his post on 6-4-1977, he had only 13 days' half-pay leave to his credit which expired on 18-4-1977; thereafter he was given a further period of six months' extraordinary leave from 18-41977 to 17-10-1977 without salary; on the expiry of the extraordinary leave granted for six months, the service of the partially incapacitated persons would stand terminated automatically even without a specific order in that behalf; there is no provision to grant extraordinary leave beyond six months under any circumstance; and, therefore, in any case, the petitioner would have to be deemed to be out of service on the expiry of six months' extraordinary leave on 18-10-1977.

(3.) SRI M. M. Cheriyan, the counsel for the petitioner, submitted that by virtue of the provisions contained in Chapter XXVI of the Railway Establishment Manual, hereinafter referred to as the Manual, the respondents had a duty to find suitable alternative employment for absorption of decategorised personnel, like the petitioner, medically incapacitated for further service in the post he was holding, but declared eligible for retention in service in posts corresponding to the lower medical category in which he has been placed.