Full Text
* IN THE HIGH COURl' OF DELHI AT NEW DELHI
46,49,50& 51
W.P.(C)13310/2019
DINESHKUIVL^R
Through: Ms Saahila Lamba,Advocate.
Petitioner
UNION OFINDIA AND ORS. Respondents
Through: Mi- J.K. Singh, Standing Counsel for
QOI'with Mr Amit Kumar and
Saurabh Sharma,Advocates.
+. .
ANIL KUlvLAR
W.P.(C)13311/2019
Through: Ms SaahilaLamba,Advocate.
Through:
Respondents
Mr J.K. Singh, Standing Counsel for
UOI with Mr Amit Kumar and
JOGINDER SINGH
W.P.(C)13317/2019
Tlnough: Ms Saahila Lamba,Advocate.
Through: Mr J.K. Singh, Standing Counsel for i Saurabh Sharma,Advocates.
+
REKRA KUMARI
W.P.(C)13318/2019
IV.F.(C)13310/2019& connected matters Page 1 of3
2019:DHC:7705-DB
Through: ■ MsSaahila Lamba,Advocate,
Through: IVlr J.K. Singh, Standing Counsel for
JUSTICE TALWANT SINGH
% 17,12.2019
CM APPL.54108/2019 ^exemption)in W.P.fCl 13310/2019
CM APPL.54113/2019(exemption)in W.P.lCl 13311/2019
CM APPL.54121/2019(exemption)in W.P.(C)13317/2019
CM APPL.54122/2019(exemption!in W.P.tO 13318/2019
ORDER
1. Allowed,subjectto alljust exceptions. W.P.tCI 13310/2019 W.P.tCI 13.311/2019 W.P.IC)13317/2019 W.P.fCj13318/2019"
2. These four petitions involve a common question ofredeployment ofeach of the Petitioners, based on their medical de-categorization. Each of them has been certified to be suffering from a medical condition, which renders them unable to discharge their present functions as Constables/ Head Constables ('CTs./HCs') in the Railway Protection Force ('RPF'). In all these cases, when a decision had to be taken about redeployment, based on their reassigned medical categor)', they were redeployed as 'cook', unmindful ofthe particular medical condition, which renders them unfit to discharge the functions ofCTs/HCs W.P.(C)13310/2019& connected matters Page2of[3]
3. Learned counsel for the Petitioners points out that each ofthe Petitioners was asked to flimish preference for alternative absorption on medical grounds,and gave three preferences,namely,(i)Ministerial work(ii)Ticket Collector('TCR')and(iii)Telecom Operator.
4. The Respondents will take a fresh decision on whether the present Petitioners, can be redeployed in any of the three preferences they had given,for their alternative accommodation.
5. Accordingly,the impugned orders, redeploying the Petitioners as Cooks are hereby set aside and the matter is directed to be considered afresh by the Respondents.A decision will be rendered notlater than 28*''February,2020, and communicated to each of the Petitioners by 16*'' March, 2020. If the Petitioners are aggrieved by the fresh orders,it will be open to them to seek appropriate remedies in accordance with law.
6. The petitions are disposed ofaccordingly.No costs.
7. Order Dasti under the signatures ofthe Court Master.