Central Administrative Tribunal - Patna
Vijay Kumar Sinha vs South Eastern Railway on 16 February, 2024
::1:: OA 00061/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
CIRCUIT BENCH, RANCHI
O.A. No. 051/00061/2024
Date of Order: 16.02.2024
CORAM
HON'BLE SHRI S.K. SINHA, MEMBER [A]
HON'BLE SHRI AJAY PRATAP SINGH, MEMBER [J]
Vijay Kumar Sinha, aged 46 years, S/o Late Besh Lal Sinha, now
posted as Senior Section Engineer, Tatanagar, CKP Division, S.E.
Railway, P.O. Golpahari, P.S. Parsudih, Dist. Singhbhum (East), PIN
- 831002.
.......Applicant
Patna
By Advocate :- Smt. M.M. Pal,
Bench
-Versus-
1. Union of India through The General Manager, S.E. Railway,
Garden Reach, P.O. & P.S. Garden Reach, Kolkata-700043.
2. Divisional Railway Manager, S.E. Railway, CKP Division, P.O. &
P.S. - Chakradharpur, District Singhbhum (West), PIN-833102.
3. Senior Divisional Personnel Officer, CKP Division, S.E. Railway,
P.O. & P.S. - Chakradharpur, District - Singhbhum (West), PIN-
833102.
4. Senior DEN (Co-ord), CKP Division, S.E. Railway, P.O. & P.S.
Chakradharpur, District Singhbhum (West), PIN-833102.
5. General Manager, Eastern Railway, Sealdah Division, P.O. & P.S.
Sealdah, Kolkata-700014.
.....Respondents
By Advocate:- Shri Amit Sinha
O R D E R (O R A L)
S.K. SINHA, MEMBER [A]
1. OA is at notice stage hearing. Applicant has preferred this OA praying for following reliefs:-
"8.1. The Respondents be directed to release the petitioner forthwith without any further delay as the petitioner can join in his place of posting at Sealdah Division, Eastern Railway immediately in terms of his transfer order dt. 01.09.2023 (Ann-A/3).
8.2. The Respondents be directed not to delay in releasing the petitioner to join in his transferred place of posting and to act on the basis of the RBE No. 85/2020.::2:: OA 00061/2024
8.3. The Respondents be directed not to sit tight over the matter to release him immediately considering the transfer order dt. 01.9.2023 has been issued in favour of the petitioner on spouse ground and that also on the basis of their No Objection.
8.4. Any other relief or reliefs for which the applicant is entitled to."
2. Background fact as set out in the OA are that applicant, appointed on 02.01.2008, is presently working as Sr. Section Engineer at Tatanagar, Chakradharpur Division, South Eastern Railway. That applicant made a representation on 23.09.2022 for his transfer on spouse ground to Sealdah Division, Eastern Railway which was forwarded by the concerned authority of Chakradharpur Patna Bench Division. Applicant's wife is Jr. Engineer (Drawing) posted under Sealdah Division, Eastern Railway. The Eastern Railway conveyed its no objection to his request for inter zonal transfer and the office of Sr. Divisional Personnel Officer issued order of applicant's transfer from Chakradharpur Division, South Eastern Railway to Sealdah Division. Eastern Railway on bottom seniority on 01.09.2023. After receiving the transfer order, applicant made representation to Sr. Divisional Engineer to relieve him on 27.09.2023 and again on 13.01.2024. As validity of no objection is only for six months from the date of transfer order and after that it requires fresh validation by the receiving Railways, applicant preferred this OA with prayers as mentioned at Para 1 above.
3. Heard. Ms. M.M. Pal, Sr. Advocate appearing for applicant submits that the transfer order was issued on spouse ground. Applicant's wife is working at Sealdah and she is facing difficulty in taking care of their children and ailing parents singlehandedly. ::3:: OA 00061/2024 Applicant had accepted bottom seniority at Sealdah Division and still the authorities in Chakradharpur Division are not sparing him on transfer. She submits that the Railways have issued detailed guidelines mandating transfer of employee on spouse ground and still the respondents are harassing and not relieving applicant. Respondents had themselves approved the inter-zonal transfer hence non-relieving the applicant is in violation of Railway Rules and guidelines. Ld. counsel requests to direct the respondents to relieve applicant immediately on the transfer.
Patna Bench 4. Counsel for respondent submits that respondents are facing shortage of staff in the subject category and to look after the safety work. Because of shortage of staff respondents are finding it hard to relieve the applicant. Counsel for respondent submits that Sr. Divisional Engineer, South Eastern Railway, Chakradharpur Shri K.C. Gupta has given written instruction in this regard. Counsel for respondent provides a copy of the communication of Shri K. C. Gupta, Sr. Divisional Engineer (East), SER, Chakradharpur.
5. Considered the submissions. Office Memorandum of Government of India, DoPT issued on 23.08.2004 laying down that the guidelines with regard to posting of husband and wife at same station should be strictly followed is reproduced hereunder:-
"Subject: Posting of husband and wife at the same station.
The undersigned is directed to say that the policy of the Government has been to give utmost importance to the enhancement of women's status in all sectors and all walks of life. Keeping this policy in view, the Government had issued detailed guidelines about posting of husband and wife at the same station vide O.M.NO. 28034/7/86-Estt. (A) dated the 3rd April, 1986 and O.M.No. 28034/2/97-Estt. (A) dated the 12th June, 1997. Attention of the Government was drawn that the ::4:: OA 00061/2024 instructions contained in these Office Memoranda are not being followed in letter and spirit by the Ministries/Departments even when there were no administrative constraints. Accordingly, it is impressed upon all Ministries/Departments that the guidelines laid down in the aforesaid Office Memoranda are strictly followed while deciding the request for posting of husband and wife at the same station."
6. The aforesaid OMs of DoPT have been adopted by the Railway Board. Applicant in the instant case has been transferred from South Eastern Railway to Eastern Railway. Railway Board has issued guidelines on inter zonal transfer and RBE No. 153 of 2019 issued on this matter is reproduced hereunder:-
"Sub: Forwarding of one-way own request transfer applications to other Divisions/Railways. Patna Bench It has come to the notice of Board that a large number of inter-Railway/inter- Division one-way transfer requests are being forwarded by some of the Zonal Railways for NOCs without assessing the feasibility of relieving such staff on receipt of NOC. This causes unnecessary building up of expectations regarding their imminent sparing among such employees and puts avoidable pressure on the Railway administration.
2. Considering the above, Railways may ensure that henceforth only such Inter- Railway transfers requests be forwarded where there is reasonable possibility of relief in case of acceptance by the railway to which transfer is sought. While doing so, various factors like number of staff likely to be inducted in the cadre by way of departmental promotions/Inter-Divisional/Inter-Railway Transfer from other Railways/Divisions and through RRB indents should be kept in view so that once NOC is received, the concerned employee can be relieved early.
This issues with the approval of Board (MS). Please acknowledge receipt.
Hindi version will follow."
7. As Chakradharpur Division had forwarded the applicant's request for transfer from Chakradharpur Division to Sealdah Division, the concerned authorities must have considered the availability of applicant's relief. After the order of transfer, not sparing applicant goes against the intent and spirit of above RBE. ::5:: OA 00061/2024
8. Railway Board has in terms of RBE No. 85/2020 stated that NOC issued by the receiving railway for inter-zonal transfer would be valid for a period six months, and if transfer of the employees concerned was not effected within this period, the NOC in such cases should be mandatorily revalidated. The employees should be relieved on transfer only after re-confirming the validity of NOC.
9. In the instant case, the order for inter zonal transfer of applicant was issued after receiving the NOC from the Eastern Railway. It has been more than five months since the order of transfer Patna Bench but the applicant has not been spared. Considering the fact that the applicant's wife and children are staying at Sealdah and that there are clear Government guidelines of husband and wife being posted at the same place, we feel that the applicant should have been relieved by respondents. Chakradharpur Division had forwarded applicant's case for inter-zonal transfer to Eastern Railway. The concerned authorities must have taken into consideration the availability of reliever of the applicant at the time of forwarding the representation. At present, the authorities in Chakradharpur Division are not relieving on the ground of non-availability of staff in the subject category and to look after the safety works. Can respondent authorities take such contrary stand?
10. We are of the considered view that respondent after forwarding the case of applicant for inter-zonal transfer were required to relieve ::6:: OA 00061/2024 applicant. If there is shortage of staff they should make efforts to get applicant's reliever at the earliest.
11. Considering the entirety of facts, General Manager, South Eastern Railway, Respondent no. 1 is directed to ensure that applicant is relieved on his transfer vide order dated 01.09.2023 at the earliest and latest within six months. At the same time General Manager, Eastern Railway is directed to ensure that a post of subject category is kept vacant at Sealdah Division for applicant. Patna 12. The OA stands disposed of with these directions. No cost. Bench
13. A copy of this order be sent to Respondent no. 1 and Respondent No. 5 separately.
[Ajay Pratap Singh] [Sunil Kumar Sinha]
Member [J] Member [A]
du/-