Central Administrative Tribunal - Lucknow
Ajeet Kumar Meena vs Rcf Raibareli on 6 September, 2024
CENTRAL ADMINISTRATIVE TRIBUNAL
LUCKNOW BENCH
Original Application No. 332/00098/2022
This, the 06th day of September, 2024
HON'BLE MR. JUSTICE ANIL KUMAR OJHA, MEMBER (J),
Ajeet Kumar Meena, aged about 39 years, son of Shri
Ram Singh Meena, Resident of- 3052-D, Type-III, MCF Colony,
Lalganj, Raebareli.
..Applicant
By Advocate: Shri Praveen Kumar.
VERSUS
1. Union of India through the General Manager, Modern
Coach Factory, Raebareily.
2. The Principal Chief Personnel Officer, Modern Coach
Factory, Lalganj, Raebareily.
3. The Principal Chief Mechanical Engineer, Modern Coach
Factory, Lalganj, Raebareli.
4. The Chief Works Manager, Carriage & Wagon Repair
Workshop, West Central Railway, Kota.
5. The Senior Personnel Officer, Carriage & Wagon Repair
Workshop, West Central Railway, Kota.
.....Respondents
By Advocate: Shri Ashutosh Pathak.
ORDER
PER HON'BLE JUSTICE ANIL KUMAR OJHA, MEMBER (J) Heard learned counsel for the applicant, learned counsel for the respondents and perused the records.
2. Challenge in this OA is the order dated 15.03.2021 (Annexure No. A-1 to the OA) whereby the prayer of the applicant for own request transfer has been rejected.
3. Tersely put, the case of the applicant is that applicant is employee of the Railway Department who applied for own Page 1 of 5 request transfer in the year 2016 (Annexure No. A-3), which came to be rejected by the Competent Authority (Annexure No. A-1) on the ground mentioned in Railway Board letters No. E(NG)-2015/TR/15 dated 27.08.2015 and E(NG)I-2017/TR/19 dated 06.07.2018.
Hence, this OA.
4. Respondents by filing their counter affidavit have, inter- alia, stated that since applicant is not fulfilling eligibility criteria of same department / same cadre/ seniority as per letter dated 27.08.2015 and 06.07.2018, hence, his own request transfer is rejected by competent authority. Further pleaded that both letters are applicable for own request transfer and mutual transfer, hence, these letters are also applicable in this case. OA lacks merits and is liable to be dismissed.
5. Applicant by filing rejoinder affidavit reiterated the averments made in the Original application. Further stated that rejection order is ex-facie illegal and suffers from non- application of mind as the Railway Board circulars dated 27.08.2015 and 06.07.2018 have been issued with regard to mutual transfer. And in no way, it is anywhere connected with transfer of any other kind.
6. Learned counsel for the applicant submitted that applicant's prayer for own request transfer has been rejected on the basis of Railway Board's letter No. E(NG)I-2015/TR/15 dated 27.08.2015 and E(NG)I-2017/TR/19 dated 06.07.2018.
The aforecited letters relate to mutual transfer, not own request transfer, hence, transfer rejection order is bad in the eyes of law and deserves to be quashed.
7. Per contra, learned counsel for the respondents strongly opposed the aforesaid submissions and argued that applicant has no case of own request transfer.
Page 2 of 58. Before delving into merits of the case, Railway Board's letter No. E(NG)I-2015/TR/15 dated 27.08.2015 and E(NG)I- 2017/TR/19 dated 06.07.2018 are quoted herein below for ready reference:
"GOVERNMENT OF INDIA MINISTRY OF RAILWAYS (RAILWAY BOARD) No. E(NG)I-2015/TR/15 New Delhi, dated 27.08.2015 The General Managers (P), All Indian Railways And PUs Sub: Transfer from one Railway/Division/Unit to another on request bottom seniority on mutual exchange basis.
South East Central Railway's letter No. P- HQ/NGC/518/EL/88/295 dated ....2014 and No. P- HQ/RUL/116/1/1489 dated 19.06.2015 on the above subject.
It is clarified that one-way request transfer from one Railway/Division/Unit to another Railway/Division/Unit may be allowed within the same seniority group as well as in the same Department. As regards mutual transfer it is clarified that the two employees seeking mutual transfer should be from corresponding cadres as laid down in para 310 of IREM Vol.I and already clarified vide Board's letter No.E(NG)I-2008/TR/12 dated 10.08.2008 (198/2008).
(Arvind Kumar) Executive Director Estt Railway Board GOVERNMENT OF INDIA MINISTRY OF RAILWAYS (RAILWAY BOARD) No. E(NG)I-2017/TR/19 New Delhi, dated 06.07.2018 The General Managers (P), All Zonal Railways & Production Units (As per standard list).
Sub: Mutual Transfer of staff in Level-1 (G.P. Rs 1800/-) belonging to two different Cadres/Departments.
Instructions contained in Para 310 of IREM Vol. I (Revised Edition-2009), provide that a non-gazetted railway employee is allowed to go on transfer from one cadre of a Division/Office/Railway on mutual exchange basis with another non-gazetted employee belonging to the corresponding cadre of another Division/Office/Railway. Further vide Board's letter No. E(NG)-2015/TR/15 dated 02.03.2016, General Managers of Zonal Railways were advised under Para 124 of IREC Vol. I to decide whether the cadres of the two employees seeking mutual transfer are corresponding to each other.Page 3 of 5
2. Both the Federations, AIRF and NFIR have requested for permitting all employees in Level 1 (Rs 1800/- GP) to go on mutual transfer without insisting on "corresponding cadre." The matter has been reviewed. It has been decided that in relaxation of the above provisions an erstwhile Group "D" employee working in Level-1 (G.P. Rs 1800/-) belonging to any Department/Cadre of a Division/Office/Railway/PU/Unit may be allowed to go on mutual exchange basis transfer with another employee working in Level-1 (G.P. Rs 1800/-) and belonging to any Department/Cadre of another Division/Office/Railway/PU/Unit without applicability of the term "corresponding cadre". This dispensation is, however, subject to the fulfilment of the prescribed Medical Standard. The staff so transferred should invariably be imparted requisite training in the new Unit wherever considered essential before putting him/her on a working post. This training period will be counted as duty. These instructions are intended only for effecting transfer on mutual exchange basis in Level-1 posts and not for any other kind of transfer.
3. The existing provisions in respect of all other non-gazetted railway employees working in Level 2 and above shall remain unaltered.
4. Accordingly, the Indian Railway Establishment Manual, Vol. I, (Revised Edition-2009) is amended as per ACS No. 250 enclosed.
Please acknowledge receipt.
Hindi version will follow.
DA As above (M.K. Meena) Deputy Director Estt (N)"
9. From perusal of Annexure A-3 (page 11 of the paper book), it is manifest that applicant has prayed for own request transfer whereas letters dated 27.08.2015 and 06.07.2018 relate to mutual transfer.
In letter dated 27.08.2015, which is Annexure No. A-5 of the paper-book, subject has been referred as "Transfer from one Railway/Division/Unit to another on request bottom seniority on mutual exchange basis."
Similarly the letter dated 06.07.2018 also relates to mutual transfer. In this letter, subject has been referred as "Mutual Transfer of staff in Level-1(G.P. Rs 1800/-) belonging to two different Cadres/Departments."
Thus, the basis of rejection of the prayer of the applicant for own request transfer is illegal and deserves to be quashed.
Page 4 of 510. Accordingly, the impugned order dated 15.03.2021 (Annexure No. A-1) is quashed. Respondents / Competent Authority are directed to pass fresh orders within a period of three months from the date of receipt of certified copy of this order on the application of own request transfer of the applicant in accordance with prevalent rules. The decision is so taken be communicated to the applicant forthwith.
OA is disposed of in the aforesaid terms.
No order as to costs.
Pending MAs, if any, also stand disposed of.
(Justice Anil Kumar Ojha)
Member (J)
Digitally signed by
Jay Narayan Jay Narayan Singh
Singh Date: 2024.09.09
10:16:41 +05'30'
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