P SHANKARAIAH Vs. GENERAL MANAGER SOUTH CENTRAL RAILWAY

JUDGEMENT

(1.) THIS application is filed by the applicant seeking for a declaration that the action of the respondents in not considering his application for promotion to ACM on the ground that he was found unfit for open line and strenuous job due to physical deformity of right lower limb as per the Certificate issued by the Authorised Medical Officer/Medical Director, Railway Hospital, Lalaguda, and through the impugned proceedings dated 2.11.2001 as totally illegal, without jurisdiction and violative of Articles 14 and 16 of the Constitution of India, and consequently for a direction to the respondents to promote him to the post of ACM without reference to the physical deformity in terms of Railway Board's letter dated 6.10.1999 read with advance correction slips 75 and 76 issued by the Railway Board with all consequential benefits.

(2.) The case of the applicant briefly is as follows:

(3.) WE have heard the arguments advanced by the learned Counsel for the Applicant Mr. S. Lakshma Reddy and the learned Standing Counsel for the Respondents Mr. V. Rajeshwar Rao.