Delhi High Court
Rahul vs Union Of India , Rpf & Ors. on 23 August, 2021
$~77
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8762/2021 & CM APPL. 27288/2021
RAHUL ..... Petitioner
Through: Ms. Saahila Lamba, Advocate.
versus
UNION OF INDIA , RPF & ORS. ..... Respondents
Through: Mr. Jagjit Singh, Advocate for
Railways.
% Date of Decision: 23rd August, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
JUDGMENT
MANMOHAN, J: (Oral)
1. The petition has been heard by way of video conferencing.
2. Present writ petition has been filed challenging office order dated 2nd
August, 2021 issued by respondents whereby the petitioner has been re-
deployed as Hospital Attendant in Railway Protection Force. Petitioners also
seek a direction to the respondent no.1 to redeploy the petitioner in
Ministerial Cadre of Railway Protection Force or in any other suitable
department commensurate with medical condition of petitioners such as
Commercial, Medical, Personnel etc.
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:25.08.2021
14:06:29
3. Learned counsel for the petitioner states that the job of the Hospital
Attendant which has been allocated to the petitioner involves extensive work
with left hand and involves lifting weights and hence the job of hospital
attendant is wholly non-commensurate with the medical condition of
petitioner.
4. Learned counsel for the petitioner has drawn this Court's attention to
the order dated 17th December, 2019 passed in a batch of writ petitions with
lead case being W.P.(C) No.13310/2019 and prays that a similar order be
passed in the present matter.
5. She also candidly states that the petitioner has no objection to his re-
deployment at a lower grade provided the job is commensurate to the
medical condition of the petitioner.
6. Issue notice. Mr. Jagjit Singh, learned counsel for the respondent-
Railways accepts notice. He prays for some time to file a counter affidavit.
7. However, as this Court intends to follow the order that has been
passed in similar matters, no counter affidavit is required.
8. Accordingly, keeping in view the order dated 17th December, 2019
passed in similar batch of writ petitions, this Court directs the respondent to
take a fresh decision on whether the petitioner can be redeployed even at a
lower grade provided the job is commensurate to the medical condition of
the petitioner. This decision will be rendered not later than 30th September,
2021 and communicate to the petition within two weeks. If the petitioner is
aggrieved by the said order, it will be open to the petitioner to seek remedies
in accordance with law.
9. With the aforesaid direction, the present writ petition along with
pending application stands disposed of.
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:25.08.2021
14:06:29
10. The order be uploaded on the website forthwith. Copy of the order be
also forwarded to the learned counsel through e-mail.
MANMOHAN, J
NAVIN CHAWLA, J
AUGUST 23, 2021
AS
Signature Not Verified
Digitally Signed By:JASWANT
Signing Date:25.08.2021
14:06:29
