Raja Ram Kashyap Ex Constable Rpf. vs Union Of India And Ors
2022 Latest Caselaw 586 Del

                              $~A-20
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                              +      W.P.(C) 767/2022 & CM APPL.2174/2022

                                     RAJA RAM KASHYAP EX CONSTABLE RPF.          ..... Petitioner
                                                  Through: Mr.B.C.Nagar, Advocate.


                                                       versus


                                     UNION OF INDIA AND ORS                      ..... Respondents
                                                   Through: Mr.Jagjit Singh, Mr.Preet Singh,
                                                            Mr.Vipin Chaudhary and Ms.Kalyani
                                                            Arora, Advocates.


                              %                                   Date of Decision: 23rd February, 2022

                              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 the impugned orders dated 18th October 2021 and 25th October 2021 issued by the Respondents vide which the petitioner has been appointed as Hospital Attendant in Group-D with GP-1800/- even though the petitioner was appointed in Group-C with GP-2000/-. Petitioner also seeks a direction to the

Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:28.02.2022

Respondents to place the Petitioner in a supernumerary post till the Petitioner is suitably adjusted in equal Grade and pay post of Group-C and subsequently release his payment against supernumerary post. Petitioner also seeks consideration of his posting request to Ajmer.

3. Learned counsel for the Petitioner states that the Petitioner suffers from Rosacea disease which is a kind of skin disorder which gets aggravated in sunlight.

4. He submits that if a railway servant cannot be immediately adjusted against or absorbed in any suitable alternative post, he may be kept on a special supernumerary post in the grade in which the concerned employee was working on regular basis before being declared medically unfit pending allocation of suitable alternative employment for him, with the same pay scale and service benefits.

5. It is pertinent to mention that the petitioner had filed a WP(C) 2086/2021 which was disposed of vide order dated 17th February, 2021 in view of the concession given by learned counsel for the petitioner that the petitioner was willing to be redeployed even at a lower grade provided the job was commensurate to his medical condition.

6. In the opinion of this Court, the present writ petition not only amounts to going behind the concession given by the petitioner before this Court in WP(C) 2086/2021, but also amounts to challenging the order dated 17th February, 2021 before the same Court. It is settled law that by way of a subsequent writ petition, the petitioner cannot ask a Court to act as its own Appellate Court!

7. Consequently, the present writ petition and application, being bereft of merits, are dismissed. It is clarified that in the event the petitioner does

Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:28.02.2022

not join his posting within ten days, the respondents shall be at liberty to take action against the petitioner in accordance with law.

MANMOHAN, J

NAVIN CHAWLA, J FEBRUARY 23, 2022 TS

Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:28.02.2022