Ram Chandra Vs. Union of India (Uoi) and ors. - Court Judgment

Excerpt:
civil services - petitioner found medically fit for b-i with glasses and found unfit as a cook--held, it is incorrect and reversion is illegal;when the petitioner has been found fit for a job of class b-i, i do not understand how he can be declared unfit for the post of a cook.;the reversion of the petitioner from the post of the cook to the post of a peon when he had been found fit for b-i with glass was illegal.;writ allowed. - sobhag mal jain, j.1. this writ petition is directed against the order dated the 22nd january, 1982 of the assistant personnel officer, northern railway, jodhpur reverting the petitioner to the post of a peon. petitioner was a cook in the railway hospital at jodhpur. he proceeded on sick leave and on resumption of duty he was directed to appear before the railway doctor. the railway doctor declared him fit for c-ii and unfit for class b-i. on appeal the chief medical officer found the petitioner fit for class b-i with glasses but declared him unfit for the job of a cook. subsequently the impugned order was passed by the assistant personnel officer, which has given rise to the present petition.2. the counsel for the petitioner submits that the petitioner having been classified as b-i on appeal was entitled to the post of a cook as the standard of medical fitness for this post was b-i. it was a case of reversion to a lower post.3. i called upon the counsel for the non-petitioners to clarify whether the petitioner was suffering from any ailment or incapacity which would render him unfit for holding the post of a cook. counsel for the non-petitioners frankly stated that except the defect in vision the petitioner was not unfit for the post of a cook. from the report of the chief medical officer the petitioner has been found fit for b-i with glasses. the chief medical officer has, however, said that he was unfit for the job of a cook.4. when the petitioner has been found fit for a job of class b-i, i do not understand how he can be declared unfit for the post of a cook.5. having given my anxious consideration to the question, i am of the opinion that the reversion of the petitioner from the post of the cook to the post of a peon when he had been found fit for b-i with glass was illegal and deserves to be quashed.6. accordingly, the writ petition is allowed. the order of the non-petitioner no. 2 dated 2nd january, 1982(annx. 3) is set aside and the non-petitioners are directed to restore the petitioner to the post of a cook.