Judgment:
Hon'ble Mr.R.Satapathy, Administrative Member
The applicant has filed this OA under Section 19 of the Administrative Tribunal's Act, 1985 seeking the following relief:-
“i) To call for the records related to the impugned order No.06 of 2011/TP-1 dated 10.2.2011 issued by the 3rd respondent and to quash the same and further to direct the respondents to do the necessary to alternatively appoint the applicant as a SandW Inspector in substantive capacity in the scale of pay of Rs.9300-34800 with protection of service benefits on medical incapacitation with attendant benefits.”
2. Learned counsel for the applicant states that the applicant has been medically incapacitated on 27.1.2010, while he was working as Station Master. Thereafter, he has been working in a supernumerary post. His request for permanent absorption in alternative post has been delayed for some reason or other. Thereafter, an order dated 10.2.2011 has been issued wherein the applicant has been asked to work in the office of DSO, Madurai without any specific duty assigned to him.
3. After notice, the respondents have filed reply statement, wherein among various other things they have stated that efforts are being taken to absorb the applicant in an alternate post. It is seen from Para 11 of the reply statement that the Screening Committee for absorption of medically decategorised employees was conducted on 22.11.2011 and the applicant has been interviewed by the Committee. It is also further stated that the third respondent is in the process of finding a suitable alternate post for the absorption of the applicant.
4. During the course of hearing, learned counsel for the applicant has produced a letter dated 1.2.2012 in which the applicant was posted as Office Superintendent (Engg). However, the said letter has been kept in abeyance by another letter dated 2.2.2012. It is the case of the applicant that the respondents have been unduly delaying the process of identifying and appointing the applicant in a suitable alternate post . Appointment of medically decategorized personnel in suitable alternate post is a statutory right available to the medically incapacitated persons. Making arrangements to post such people in supernumerary post is only an interim measure which is supposed to be short-term. In the instant case, the applicant was medically decategorised on 27.1.2010 and even on the date of final hearing, the respondents have not yet provided a suitable alternate employment to the applicant. It is also seen from the information that has been supplied to the applicant by the respondents in their letter dated 3.2.2011 that there are about 34 vacancies in the direct recruitment quota.
5. We have perused the necessary records and also the pleadings very carefully and we are fully convinced that the statutory right of the applicant cannot be indefinitely prolonged in the guise of conducting Screening Committee meeting, etc. Under such circumstances, we direct the respondents to complete the process of identification and selection of alternate post and give the applicant a suitable alternate post as per law, within a period of two months from the date of receipt of a copy of this order.
6. The OA is ordered as above.