IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 32464 of 2008(S) -------------------------- OA.354/2008 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): --------------- 1. UNION OF INDIA REPRESENTED BY GENERAL MANAGER, SOUTHERN RAILWA , HEADQUARTERS OFFICE ,PARK TOWN PO,CHENNAI 600 003. 2. CHIEF MEDICAL SUPERINTENDENT SOUTHERN RAILWAY, TRIVANDRUM PETTAH, TRIVANDRUM 695 025. 3. DIVISIONAL PERSONNEL OFFICER SOUTHERN RAILWAY,TRIVANDRUM DIVISION TRIVANDRUM 695 014. BY ADV. SRI.VARGHESE P.THOMAS, SR.SC,RAILWAYS RESPONDENT(S): --------------- P.BALAN, S/O.NARAYANAN NAIR SHUNTING MASTER (MEDICALLY UNFITTED)' SOUTHERN RAILWAY, ERNAKULAM JUNCTION, RESIDING AT PARAMBIL HOUSE, PERUMBILLISSERY, CHERPU P.O., THRISSUR 680 561. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO.32464 OF 2008-S ----------------------------------------- Dated 10th November, 2008. JUDGMENT Balakrishnan Nair, J. The writ petitioners are the respondents in O.A.No.354/2008. The said O.A was filed by the respondent herein, who has been held medically unfit to do any job with effect from 22.10.2007 by the duly constituted Medical Board. The applicant/respondent claimed the benefit of Section 47 of the Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Since the said claim of the applicant was not accepted, he was constrained to file the above O.A. The respondents, who are the writ petitioners herein resisted the application, by filing a reply statement. Ext.P1 is the copy of the O.A and Ext.P2 is the copy of the reply statement. The Tribunal, after hearing both sides, found that the applicant was entitled to get the benefit of Section 47 of the WPC 32464/08 2 aforementioned Act. The writ petitioners found fault with the respondent, stating that he has not visited the Thiruvananthapuram office and he has not applied for leave. A person, who is found medically unfit to do any job, need not apply for leave. If he is physically disabled from moving around, he need not visit the station where he worked last, as desired by the writ petitioners. No such stipulations are engrafted in Section 47 of the aforementioned Act, which grants certain benefits to him. Therefore, the Tribunal rightly ordered to pay the salary and allowances due to the respondent from 22.10.2007. We find nothing wrong with the said direction of the C.A.T. 2. The learned counsel for the petitioners again tried to canvass before us that the respondent has neither applied for leave, nor reported before the station where he worked last. The learned counsel is echoing the bureaucratic approach of the writ petitioners, which cannot stand scrutiny, in the light of Section 47 of the aforementioned Act. WPC 32464/08 3 Accordingly, the Writ Petition fails and it is dismissed. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/