VIKASH KUMAR vs EAST CENTRAL RAILWAY on 9 November 2026

CENTRAL ADMINISTRATIVE TRIBUNAL PATNA Order Sheet Item no.: 30 O.A./703/2026 (PATNA) [ MEDICAL DECATEGORISATION ] Court No.: 1 No of Adjournment: 1 Order Dated: 09/11/2026 VIKASH KUMAR Vs EAST CENTRAL RAILWAY

For Applicant(s) Advocate : Mr. M.P. Dixit For Respondent(s) Advocate : Mr. M.D. Dwivedi, ld. ASC Order of The Tribunal Heard learned counsel for both parties. This matter was fixed for filing of written statement as well as reply to Interim Relief which have not been filed yet. Learned counsel for the applicant has argued for issuance of direction from this Tribunal for grant of interim relief. First of all, he has made the prayer that the order dated 29.09.2026 as contained in Annexure A-1 qua applicant, where his name figures at serial no. 3, should be stayed. It has been mentioned in the remarks column that the services of the applicant may be utilized as crew/power controller depending upon the requirement. He has stated that till date he has been asked to perform his duty as the ministerial railway staff at Patna Junction. Learned counsel for the respondents seeks one more opportunity to file reply in the detail form as written statement and also reply to interim relief. In the meanwhile, learned counsel for the applicant has produced before this Bench an order dated 12.10.2026 wherein the name of applicant figures at serial no. 11 and he has been shown as working as Crew Controller which he contests as being a wrong statement on behalf of the respondents. He further reiterates that he performed his duty as ministerial railway staff.

Looking at the record, we find that the letter issued by the respondents dated 12.10.2026 clearly says that the employee who has been medically de-categorised can perform the duty of crew controller. Therefore, it is implied that the respondents are fully aware of the two facts i.e., (a) that the applicant is medically de-categorised and (b) the medically de-categorised person can perform duty of crew controller. Only issue that remains for the clarification from the respondents is with regard to the submission made by the counsel for applicant that he is at present serving as ministerial railway staff and hence, remarks made in the order dated 12.10.2026 i.e., performing the duty of crew controller is wrong. Since, learned counsel for the respondents sought one more opportunity to file written statement as well as reply to interim relief, let the status quo qua the applicant be continued till the next date of listing. Learned counsel for the respondents is being directed to file written statement as well as reply to interim relief on or before the next date of listing. List this case on 01.12.2026. KUMAR RAJESH CHANDRA Member (A) Justice Narendra Kumar Johari Member (J) Pooja Kumari ( court master )