CHENNAI: Walking along the platform, waving a green flag to locomotive engineers to signal that it was safe for the train to roll on was a part of station master U Arumugham’s everyday routine. On the evening of October 6, 2009, however, he found himself in the wrong spot at the wrong time. An illegal consignment of firecrackers exploded on the Erode-Tirunelveli train at Sholavandan station in Madurai district, leaving him seriously injured.
Arumugham sought an alternative post because his injuries had partially incapacitated him, but the request was not considered even though he was entitled to a less strenuous job under government rules. A bench of the Central Administrative Tribunal has now directed the railways to identify and give Arumugham an alternative posting.
“The explosion occurred because firecrackers were being illegally transported on the train. When the train began moving, friction triggered an explosion of the firecrackers,” said advocate S Saravana Prakash, who assisted counsel Vijaya Kumar in the case.Two persons were killed and 10 others wounded in the incident. The transportation of firecrackers is an offence under the provisions of the Explosives Act, 1884 and the Railway Act, 1989.
“Arumugham suffered injuries to his eyes and face due to the blast,” the advocate said. “He was taken to a railways hospital for treatment and was later moved to Apollo Hospital in Madurai. He also received treatment at Ramachandra Medical College Hospital in Chennai.”
Arumugham’s treatment, which was covered under the Workmen’s Compensation Act, took more than three months. “After a detailed health examination, he was declared medically unfit to continue holding the post of station master on January 27, 2010,” the advocate said.
Though Arumugham sought a permanent alternative posting, at the level of station master but with less physical strain, an order on February 11, 2010 directed him to continue in the post and work in crew management at Madurai as well. This involved doing night shifts and increased stress. In February, 2011, he was directed to work in the office of the divisional safety officer, but was not assigned any specific duty.
A bench of the Central Administrative Tribunal comprising judicial member G Shanthappa and administrative member R Satapathy observed that claim to a suitable alternative post is the statutory right of every injured government employee. An arrangement to post such people in supernumerary positions is only a short-term measure, the bench noted.
“Though Arumugham was medically decategorised in January, 2010, the authorities have not yet provided him suitable alternative employment,” the bench said. “Pointing out that he could not indefinitely be denied his statutory right, the bench directed Indian Railways to complete the process of identifying and providing Arumugham a suitable alternative post as per law.