Apsana Khatoon v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18542 of 2024 ====================================================== Apsana Khatoon Wife of Mohammad Mahtab Khan Resident of VillageHouse No. 208, Saraswatipuram, Jungle Matadin, P.O. PAC Camp, Gorakhpur, P.S.-Kouyabag, District- Gorakhpur, Uttar Pradesh, presently posted at Danapur, RPF at East Central Railway, Sonpur and residing at B-83, Road No. 06, Gate No. 01, Alinagar, Anisabad, Patna. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Railways, Government of India, New Delhi.

2.

The Director General, Railway Protection Force, Rail Bhawan, Railway Board, New Delhi.

3.

The Divisional Security Commissioner, Railway Protection Force, East Central Railway, Danapur.

4.

The Divisional Security Commissioner, Railway Protection Force, East Central Railway, Sonpur.

5.

Chief Medical Superintendent, East Central Railway/SEE, Danapur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the U.O.I.

:

Mr. Kumar Ravish, C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-12-2024 Heard Mr. Deepak Kumar, learned counsel appearing on behalf of the petitioner and Mr. Kumar Ravish, learned C.G.C. for the Union of India.

2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is reproduced hereinafter:

"I. For considering the serious health condition of the petitioner who is Constable in Railway Protection Force and

Patna High Court CWJC No.18542 of 2024(2) dt.05-12-2024 2/3 allow her to be given the suitable job after De-categorization or lighter nature of job in Department of Railway after review her medical condition as recommended by Medical Board, Lalit Narayan Mishra Railway Hospital, Gorakhpur.

II. For further direction be given to respondent authorities to arrange a better medical treatment to the petitioner and immediately arrange a category revision of job in the light of recommendation made by Medical Board, Lalit Narayan Mishra Railway Hospital, Gorakhpur.

III. For any other relief for which petitioner may be entitled in the fact and circumstances of the case."

3. The present writ petition seems to be pre-mature in view of the information contained in Letter dated 17.10.2024, which shows that the Inspector In-charge, Railway Protection Force, Danapur, after considering the application of the petitioner, has forwarded the same for sympathetic consideration and to give her such posting, which don't required any policing.

4. Learned counsel appearing on behalf of the petitioner informs that the petitioner is undergoing treatment at Karbigahiya Railway Hospital.

5. In view of the information given by learned counsel appearing on behalf of the petitioner, I find that the authority concerned must show his/her compassion as has been shown by the other divisions to provide her lighter nature of job after reviewing her medical condition taking into account the serveral recommendations in this regard may by super-specialised hospital situated at Gorakhpur, Banaras Hindu University, S.C.P.G.I. Lucknow and AIIMS, New Delhi.

Patna High Court CWJC No.18542 of 2024(2) dt.05-12-2024 3/3

6. Accordingly, the present writ petition stands disposed of.

(Purnendu Singh, J) Niraj/- U