Akshay Kumar (M) , vs M/O RAILWAYS (M) ,

1- O.A.

No.060/00932/2020 CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH Hearing by Video Conferencing O.A.

No.060/00932/2020 Chandigarh, this the 28th of November, 2020 HON’BLE MRS.

AJANTA DAYALAN, MEMBER (A) Akshay Kumar son of late Sh.

Raju Ram, at present r/o Q.No.126, Gate No.3, PAP Lines, Jalandhar Cantt.

Pin Code 144 006. ....Applicant (BY: Mr.

Shailendra Sharma, Advocate) Versus 1.

Union of India through the General Manager, Northern Railway, New Delhi-110 001.

2.

Divisional Railway Manager, Northern Railway, Firozpur (Punjab)-152 001.

3.

The Chief Medical Director, Northern Railways, New Delhi- 110 001. ... .Respondents O R D E R(Oral) AJANTA DAYALAN, MEMBER (A): 1.

Heard the counsel for the applicant.

He states that the applicant's father who was a loco- pilot Gr.I in the respondents office expired in August 2019 while in service.

Thereafter, the applicant applied for appointment on compassionate grounds and also appeared in the written test held on 10.12.2019.

He was declared successful and 2- O.A.

No.060/00932/2020 thereafter he was asked to undergo medical examination which was conducted on 11.12.2019.

In this medical examination, the applicant was declared medically unfit due to low vision (Annexure A-2).

The result of the medical examination was communicated to the applicant vide letter dated 30.12.2019(Annexure A-3).

In terms of this letter, the applicant preferred an appeal Annexure A-4.

The same was forwarded by the respondent department vide their letter dated 17.3.2020(Annexure A-5).

Counsel for the applicant contends that despite lapse of over eight months since then, the applicant has not heard anything from the respondent department.

He further contends that even in case the applicant is physically unfit, he can be considered for the quota reserved for physically handicapped persons as per master circular No.13 of the respondent department (Annexure A-7) as he has also made a representation dated 24.7. ated 24.7.2020 to consider his case for appointment on compassionate grounds in disability quota.

The applicant's counsel further contends that at present his limited prayer is that the department may be directed to take a final decision on his 3- O.A.

No.060/00932/2020 representations (Annexure A-6) in a time bound manner.

4.

Considering the limited prayer made by the applicant's counsel, I dispose of the O.A., in limine, by directing the Competent Authority amongst the respondents to consider and decide the representation dated 24.7.2020 (Annexure A-6) of the applicant in accordance with law by passing a reasoned and speaking order within a period of three months from the date of receipt of certified copy of this order.

5.

Needless to mention that the disposal of the O.A. shall not be construed as an expression of any opinion on the merit of the case. (AJANTA DAYALAN) Member (A) Place: Chandigarh Dated: 28.11.2020 ‘kks’