RANCHI, India, June 3 -- Jharkhand High Court issued the following order on May 5:

1. The present writ petition has been preferred for quashing the order dated 14.11.2024 passed by Central Administrative Tribunal, Ranchi Circuit Bench, Patna in O.A No.051/0100/2022, whereby the application filed by the petitioner for fixation of his pension and other pensionary benefits as running staff has been rejected. Further prayer has been made for directing the respondent authorities to consider the petitioner medically fit under A-1 category and to provide him pension and all other consequential financial benefits with interest treating him as running staff.

2. The learned counsel for the petitioner submits that the petitioner had joined the post of cleaner in Indian Railways and subsequently he was posted as Loco Pilot (Mail) at Barwadih, Dhanbad. He was diagnosed with oral cancer and underwent medical treatment for the same from 28.08.2014 to 20.08.2015. Thereafter, he was transferred from North Eastern Railway, Varanasi to East Central Railway, Dhanbad for resumption of normal duties.

3. It is further submitted that a duly constituted medical board examined the petitioner and he was declared fit for service under Category A-1, however, the medical certificate restricted him from getting engaged in train running and train passing duties. A meeting of the screening committee was held on 05.10.2015 and a recommendation was made for his absorption in alternative post as Drafted Crew Controller instead of train running duty and the said recommendation was approved by the competent authority on 06.10.2015. The petitioner assumed charge of his new role as Drafted Crew Controller at Barwadih Crew Lobby on 16.10.2015 and he continued on the said post till he superannuated on 31.01.2017.

4. It is also submitted that the petitioner represented the Respondent Nos. 3 and 4 requesting that he was entitled to all benefits of running staff, however, the respondent authorities wrongfully calculated his pension and other retirement benefits by treating him as non-running category staff on the erroneous premise of medical de- categorization.

5. It is further contended that the petitioner served as a running staff in the department for 40 years, however, at the fag end of his service he was unjustly de-categorized without providing any prior intimation, order, or notice to that effect. Such action is in violation of the principles of natural justice and shows the lack of empathy of the respondents towards its employees.

6. It is also urged that the petitioner is entitled for addition of running allowance @ 55% of the basic pay to be added for calculation of pensionary benefit, however, the respondent authorities by arbitrarily categorizing him as non-running staff based on medical de-categorization have unlawfully calculated his pensionary benefits on 30% pay element. Moreover, several staff members who are assigned stationary duties are receiving all facilities and benefits accorded to running staff primarily because they are medically fit under Category A-1.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x0m%2BBBQSXCjkzRnl3DSFHyhIxKfNQs1g91tevzVDX3Dl&caseno=WPC/1501/2025&cCode=1&cino=JHHC010024002025&state_code=7&appFlag=)

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