Patna High Court
Gyan Prakash vs The Union Of India on 24 June, 2024
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3695 of 2024
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1. Gyan Prakash S/o Late Sukhdeo Sah, Resident of Mohalla - Brahampura,
P.O. - M I T, P.S. - Brahampura, District - Muzaffarpur - 842003. At present
under orders of temporary Transfer from Muzaffarpur Lobby to Barauni
Lobby while holding the post of Loco Pilot Passenger.
2. Ramesh Kumar No. - III, S/o Late Indrajeet Singh, Resident of Village -
Muzaffarpur Kamtaul, P.O. - Anant Kamtaul, P.S. - Kurhani, District -
Muzaffarpur. 844120. At present under orders of temporary Transfer from
Muzaffarpur Lobby to Barauni Lobby while holding the post of Loco Pilot
Passenger.
3. Saket Kumar, S/o Sri Ratnesh Jha, Resident of village and P.O. - Madhopur,
Via - Majhaulia Estate, District - Sitamarhi. 843322. At present under orders
of temporary Transfer from Muzaffarpur Lobby to Barauni Lobby while
holding the post of Loco Pilot Passenger.
4. Harmesh Kumar, S/o Sri Suresh Prasad Sahni, Resident of Mohalla -
Pamaria Tola Brahampura, P.O. - M.I.T. P.S. - Brahampura, District -
Muzaffarpur. 842003. At present under orders of temporary Transfer from
Muzaffarpur Lobby to Barauni Lobby while holding the post of Loco Pilot
Passenger.
5. Shiv Sagar Kumar, S/o Late Debak Das, Resident of Village and P.O. -
Morsand (Bahadurpur), P.S. - Pusa, District - Samastipur. 848115. At present
under orders of temporary Transfer from Muzaffarpur Lobby to Barauni
Lobby while holding the post of Loco Pilot Passenger.
... ... Petitioner/s
Versus
1. The Union of India Through the General Manager, East Central Railway
Hajipur, P.O. - Digghi Kalan, P.S. - Hajipur, District - Vaishali At Hajipur -
844101.
2. The Pr. Chief Personnel Officer, East Central Railway, Hajipur, P.O. -
Digghi Kalan, P.S. - Hajipur, District- Vaishali At Hajipur - 844101.
3. The Divisional Railway Manager, E.C. Railway, Sonpur-841101.
4. The Divisional Railway Manager (Personnel), E.C.Railway, Sonpur-841101.
5. The Sr. Divisional Personnel Officer, East Central Railway, Sonpur-841101.
6. The Divisional Personnel, East Central Railway, Sonpur-841101.
7. The Sr. Divisional Electrical Engineer (OP), East Central Railway, Sonpur-
841101.
8. The Chief Crew Controller, Diesel Lobby, East Central Railway,
Muzaffarpur - 842001.
9. The Chief Crew Controller, Diesel Lobby, East Central Railway Barauni -
851112.
10. Respondents Second Set (In Representative Capacity) Shri Sanjay Kumar,
LP/Goods. Now on promotion to LP/Passenger vide order dated 30.11.2023,
Patna High Court CWJC No.3695 of 2024 dt.24-06-2024
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posted at Muzaffarpur Lobby, East Central Railway, Muzaffarpur 842001.
11. Shri Awadhesh Kumar, LP/Goods, Now on promotion to LP/Passenger vide
order dated 30.11.2023, posted at Muzaffarpur Lobby, East Central Railway,
Muzaffarpur - 842001.
12. Shri Ranjan Kumar, LP/Goods, Now on promotion to LP/Passenger vide
order dated 30.11.2023, posted at Muzaffarpur Lobby, East Central Railway,
Muzaffarpur - 842001.
13. Md. Kalimullah, LP/Goods, Now on promotion to LP/Passenger vide order
dated 30.11.2023, posted at Muzaffarpur Lobby, East Central Railway,
Muzaffarpur, 842001.
14. Shri Babu Lal Das, LP/Goods, Now on promotion to LP/Passenger vide
Order dated 30.11.2023, posted at Muzaffarpur Lobby, East Central Railway,
Muzaffarpur 842001.
15. Shri Jay Nath Kumar Roy, LP/Goods, Now on promotion to LP/Passenger
vide Order dated 30.11.2023, posted at Muzaffarpur Lobby, East Central
Railway, Muzaffarpur 842001.
16. Shri Vinod Kumar Mahto, LP/Goods, Now on promotion to LP/Passenger
vide Order dated 30.11.2023, posted at Muzaffarpur Lobby, E C Railway,
Muzaffarpur, 842001.
17. Shri Sanjay Kumar, LP/Goods, Now on promotion to LP/Passenger vide
Order dated 30.11.2023, posted at Muzaffarpur Lobby, E C Railway,
Muzaffarpur, 842001.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Respondent/s : Dr. Krishna Nandan Singh, Sr. Advocate (ASG-I)
Mr. Maurya Vijay Chandra, Advocate, CGC
Mr. Devansh Shankar Singh, Advocate
Mr. Shivaditya Dhari Singh, JC to ASG-I
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 24-06-2024
Petitioners have assailed the order of the Central
Administrative Tribunal, Patna Bench, Patna (hereinafter referred
to as "CAT") dated 12.01.2024 passed in O.A. No. 050/007 of
Patna High Court CWJC No.3695 of 2024 dt.24-06-2024
3/6
2024. The petitioners were working as Loco Pilot (Passenger) in
Muzaffarpur Lobby and their services have been transferred to
Barauni Lobby. Feeling aggrieved by the stated to be temporary
transfer, they invoked Section 19 of the Administrative Tribunal
Act, 1985 in filing O.A. No. 050/007 of 2024. The CAT proceeded
to reject their application with reference to Railway Master
Circular and it relates to transfer on temporary post. Feeling
aggrieved by the order of the CAT, the present writ petition is
presented. The matter was heard from time to time and number of
affidavits, counter affidavits and supplementary affidavits have
been filed.
2. Core issue involved in the present lis is that
petitioners were regular holder of the post of Loco Pilot
(Passenger) and their services have been drafted to Muzaffarpur
Lobby. Simultaneously, feeder cadre employees have been granted
promotion to the post of Loco Pilot (Passenger) and they have
been accommodated in Muzaffarpur Lobby. In this backdrop, the
petitioners' services have been dispensed on temporary basis and
posted to Barauni Lobby. The petitioners' counsel vehemently
contended that such of those promotees could have been
transferred to Barauni Lobby, on the other hand, in order to
accommodate them, petitioners have been displaced. It is also
Patna High Court CWJC No.3695 of 2024 dt.24-06-2024
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submitted promotees before their promotion, they were working in
the feeder cadre to Loco Pilot Passenger in Muzaffarpur Lobby.
Therefore, they have been accommodated in Muzaffarpur Lobby
even on promotion.
3. Respondents could not apprise this Court as the
number of vacant posts of Loco Pilot (Passenger) were 22. Upon
temporary transfer of petitioners and promotion of some of the
persons resulted in filling up of all the 22 vacancies or posts
earmarked for Muzaffarpur Lobby or were there any excess.
Further, they have not apprised as to why petitioners are liable to
be transferred on temporary basis. No specific reasons have been
assigned to the extent that they are more efficient and their
services are required at Barauni Lobby on temporary basis in the
public interest. Time and again, Courts have held that
administrative and executive orders must be supported by reasons,
for the reasons that if any administrative or executive order are
amenable to judicial review, in such an event it is necessary to
assign reasons as to why among 22 persons, petitioners have been
picked up for temporary transfer, recent promotees were not
transferred to Barauni Lobby, therefore, the petitioners have made
out a case so as to interfere with the order of the CAT dated
Patna High Court CWJC No.3695 of 2024 dt.24-06-2024
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12.01.2024as well as impugned action of the Railways and they are set aside.
4. At this stage, learned counsel for the respondents, on instruction, submitted that among the six persons, one of the petitioner who had reported at Barauni Lobby has been taken back to duty after his relieving from the Barauni Lobby. It is also submitted, on instruction, that in the event of remaining petitioners reported at Barauni Lobby and formally relieving from Barauni lobby, in that event, Muzaffarpur officials will accept duty report of the petitioners, this may be administrative formality, however, in order to give quietus to the litigation, the competent authority at Muzaffarpur is hereby directed to accept the duty report of the petitioners forthwith without there being a formality of petitioners reporting at Barauni Lobby and get themselves relieved, this exercise would take few more days. In order to avoid such exercise and in the interest of railway service, officials at Muzaffarpur / competent authority is hereby directed to accept the duty report of the petitioners forthwith and assign appropriate duty / postings at Muzaffarpur Lobby.
5. The intervening period from the date of transfer till acceptance of duty report shall be examined and regulated on the petitioners' representation as leave at their credit, if it is available Patna High Court CWJC No.3695 of 2024 dt.24-06-2024 6/6 with each of the petitioner, for the reasons that in the absence of any interim order against the transfer order by the CAT, in all fairness, the petitioners should have reported at Barauni Lobby subject to outcome of the litigation. Nodoubt, we have granted status quo as on the date of admission of the present CWJC, however, having regard to the fact that the petitioners have not reported at Barauni Lobby, status quo has resulted in either their services were in Muzaffarpur or Barauin Lobby, therefore, the concerned authority is hereby directed to regulate the intervening period as leave at their credit upto the date of status quo and for remaining period of duty. To that effect, order shall be passed by the competent authority within a period of three months from the date of receipt of copy of this order and communicate the decision to each of the petitioner.
(P. B. Bajanthri, J) (Alok Kumar Pandey, J) GAURAV S./-
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