Central Administrative Tribunal - Jabalpur
Arvind Kumar Sahu vs West Central Railway on 18 October, 2023
1 O.A.No200/00420/2023
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/00420/2023
Jabalpur, this Wednesday, the 18th day of October, 2023
HON'BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE SHRI KUMAR RAJESH CHANDRA, ADMINISTRATIVE MEMBER
Arvind Kumar Sahu S/o Shri Jay Narayan Sahu
DOB 13.09.1980, Working as Loco Pilot Goods,
O/o Chief Crew Controller Sagar, WCR, Jabalpur Division
Jabalpur R/o H.No. 105, Katra Mohalla, Barua Sagar
Jhansi (UP) 284201 -Applicant
(By Advocate -Shri Vijay Tripathi)
Versus
1. Union of India through General Manager,
West Central Railway, In front of Indira Market
Jabalpur (MP)-482001
2. Divisional Railway Manager, West Central Railway
Jabalpur Division, Jabalpur (MP)-482001
3. Divisional Railway manager (Personnel)
West Central Railway Jabalpur Division,
Jabalpur (MP)-482001
4. Divisional Railway manager (Personnel)
North Central Railway Jhansi (UP)-284001 -Respondents
(By Advocate -Shri S.P.Singh)
(Date of reserving the order:- 01.09.2023)
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2 O.A.No200/00420/2023
ORDER
By Kumar Rajesh Chandra, AM:-
By way of filing this Original Application, the applicant is challenging the action of the respondents in not relieving the applicant to join at the place of transfer on mutual exchange basis, even when the other person has already been relieved to join duty in place of applicant. The applicant is also challenging the order dated 15.12.2022 (Annexure A-1), whereby he was directed to submit a fresh application for mutual transfer even when his previous application has been allowed and transfer order has been issued.
2. The brief facts put forth by the applicant is that the applicant was initially appointed as Assistant Loco Pilot on 26.05.2008 and posted at Firozpur Division, Ludhiyana Lobby. He was transferred to Jabalpur on mutual transfer in the year 2011 and is presently working as Loco Pilot Goods, Sagar Depot, WCR, Jabalpur. The Senior Personnel Officer, WCR, Jabalpur vide letter dated 21.08.2017 had given no objection regarding transfer and posting of the applicant on mutual exchange basis to Page 2 of 7 3 O.A.No200/00420/2023 the General Manager, NCR, Allahabad to transfer Shri Rohit Kumar on mutual basis. Shri Rohit Kumar has filed O.A. 159 of 2019 before Allahabad Bench of this Tribunal for non- transferring him on mutual exchange basis which has been dismissed by order dated 25.11.20222 stating that since the mutual transfer of the applicant has been ordered and approved by competent authority on the consent of both parties, thus back tracking is not possible. Inspite of the said order dated 25.11.2022, the respondent No. 3 has directed the applicant to submit a fresh application for mutual transfer vide order dated 15.12.2022 (Annexure A-1). The applicant has preferred representation dated 28.11.2022 to relieve himself and Shri Rohit Kumar as per the NOC and on the basis of the transfer order approved by the competent authority, yet the respondents did not relieve the applicant. It is relevant to mention here that the respondent NO. 4 vide letter dated 12.01.2023 has already relieved Shri Rohit Kumar in pursuance to the order dated 25.11.2022 to join his duty in place of the applicant on mutual transfer basis. The applicant has again preferred a representation Page 3 of 7 4 O.A.No200/00420/2023 dated 23.01.2023 to the respondent No.3 whereby he requested to relieve his for joining the duty in place of Shri Rohit Kumar but inspite of that the applicant was not relieved to join his duty on place of transfer.
3. Per contra, learned counsel for the respondents have contested the claim of the applicant by filing a detailed Reply wherein they have stated that the applicant & Rohit Kumar ALP of Jhansi Division had applied for Inter Railway Mutual transfer in the year 2015 vide joint application dated 17.07.2015. On the joint application, NOC for accepting Shri Rohit Kumar in Jabalpur Division of WCR was issued from WCR vide letter dated 21.08.2017, but the NOC issued from WCR was rejected by Jhansi Division vide letter dated 01.12.2017 demanding fresh application from applicant. Shri Rohit Kumar had submitted an application dated 11.07.2017 to withdraw his name from the joint application of mutual transfer. Jhansi Division has not issued NOC to accept the applicant and sent a letter dated 01.12.2017 informing that competent authority of Jhansi Division has not accepted the NOC and directed that both the employees should Page 4 of 7 5 O.A.No200/00420/2023 submit fresh application. After the instructions of submitting fresh joint application, none of the employee has submitted the joint application for mutual transfer till date.
4. We have heard the learned counsel for both the sides and have gone through the pleadings and the documents annexed therewith.
5. In the instant case firstly the applicant is challenging the order of the year 2017, which is barred by limitation as the cause of action for mutual transfer occurred from 2017 which does not give rise to fresh cause as the limitation will count from the original cause of action. Therefore, there is a delay of almost 6 years. The Hon'ble Supreme Court in the matters of BSNL vs. Ghanshyam Das and Ors. (2011) 1 SLJ 472 and also in the matters of Jagdish Lal vs. State of Haryana reported in (1997) 6 SCC 538 has held that the respondents therein preferred to sleep over their rights and approached the Tribunal in 1997 they would not get the benefit of the order dated 07.07.1992. Furthermore, Section 21 of the Administrative Tribunals Act, 1985 deals with the limitation issue which is as under:-
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6 O.A.No200/00420/2023 "21. Limitation.--(1) A Tribunal shall not admit an application,--
(a) in a case where a final order such as is mentioned in clause (a) of sub-section (2) of section 20 has been made in connection with the grievance unless the application is made, within one year from the date on which such final order has been made;
(b) in a case where an appeal or representation such as is mentioned in clause (b) of sub-section (2) of section 20 has been made and a period of six months had expired thereafter without such final order having been made, within one year from the date of expiry of the said period of six months."
6. In the present case, the applicant has submitted an application for relieving him on mutual transfer to Jhansi Division. The application has been decided by the competent authority of Jabalpur Division by stating a reason that as the employee has got promotion in Jabalpur Division and the case is very old therefore, it would be appropriate to take fresh application. The applicant of Jhansi Division Shri Rohit Kumar had admitted the application dated 11.07.2017 to withdraw his name from joint application of mutual transfer, which is prior to approval of the mutual transfer. Since the date of initial joint application of mutual transfer dated 17.07.2015, the applicant of Jabalpur Division has got promotion from Level 4 to Level 6, similarly Rohit Kumar of Jhansi Division has got promotion from Level 2 to Level 4. Both the applicants are Page 6 of 7 7 O.A.No200/00420/2023 in different grades/levels and as per rule of mutual transfer in different grades contained in para 9 of RBE 8/2019 dated 11.01.2019 i.e. "Mutual transfer on reversion", both the applicants are required to submit their consent to carry out mutual transfer on bottom seniority of recruitment grade/level of the cadres.
7. In view of the above, the Original Application is dismissed being devoid of any merit. No order as to costs.
(Kumar Rajesh Chandra) (Akhil Kumar Srivastava)
Administrative Member Judicial Member
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