Central Administrative Tribunal - Ernakulam
Ram Khiladi Pareva vs M/O Railways on 16 February, 2024
1
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A No. 180/00511/2023
Friday, this the 16th day of February, 2024.
CORAM:
HON'BLE Mr. JUSTICE SUNIL THOMAS, JUDICIAL MEMBER
Ram Khiladi Pareva, Aged 37 years,
S/o Radheshyam Pareva,
Loco Pilot (Passenger),
Mangalore Junction, Southern Railway, Palakkad Division
Residing at: MG 13-B, Railway Colony,
Mangalore Centre - 575 001. -Applicant
[By Advocate : Mr. T.C Govindaswamy, Mrs. Kala T. Gopi &
Mr. Kailesh T Gopi,]
Versus
1. Union of India represented by the
The Secretary to the Government of India
Ministry of Railways (Railway Board)
Rail Bhawan, New Delhi - 110 001.
2. The General Manager, Southern Railway
Headquarters Office, Park Town P.O
Chennai - 600 003.
3. The General Manager
North Western Railways Zonal Headquarters Office,
Jaipur, Rajasthan - 302 003.
4. The Chief Personnel Officer
North Western Railways Zonal Headquarters Office,
Jaipur, Rajasthan - 302 003.
2
5. The Senior Divisional Personnel Officer
Southern Railway, Palakkad Division
Palakkad - 678 002.
6. Senior Divisional Personnel Officer
North Western Railways, Jaipur Division
Jaipur, Rajasthan - 302 003.
7. The Sr.Divisional Electrical Engineer / OP
Southern Railway, Palakkad Division
Palakkad - 678 002.
8. The Divisional Railway Manager
Southern Railway, Palakkad Division
Palakkad - 678 002. -Respondents
[By Advocate : Mrs. Mini R Menon, ACGSC]
The Original Application having been heard on 16.02.2024, the
Tribunal on the same day delivered the following:
O R D E R (Oral):-
The applicant was appointed as Assistant Assistant Loco Pilot in Palghat Division on 28.02.2013. He is presently working as Loco Pilot/Passenger. His residence is in Jaipur Division. His grievance is that his mother is a widow and his brother is a heart patient. His wife and children are staying in Jaipur. Projecting these grievances, he submitted an application for an Inter-Railway Transfer on 17.05.2016 to Jaipur Division. Annexure A1 discloses that the application was forwarded by Palghat Division only in the year 2021. By Annexure A1, approval was accorded 3 subject to the rules and conditions, which was valid for 6 months. Thereafter, by Annexure A2, his request for relief for Inter-Railway one way transfer to Jaipur Division of North Western Railway was rejected, under the orders of the 5th respondent. Accordingly, the applicant has approached this Tribunal seeking an order to quash Annexure A2 and to direct the respondents to relieve him for Inter Railway One way transfer to Jaipur Division of North Western Railway as per Annexure A1 NOC.
2. Respondents have filed reply statement traversing the allegations in the Original Application and contending that due to dearth of staff, the applicant could not be relieved. In paragraph 4, the details of the sanctioned strength, the actual strength and the vacancy position, in so far as, it relates to various categories of Loco Pilots & Assistant/Senior Loco Pilots are mentioned. It clearly shows that, in so far as, it relates to Loco Pilot (Passenger), the sanctioned strength is 68, whereas, the actual number of persons in place is 70 thereby. There is an excess staff of 2. It seems to be similar in other categories. Though overall position shows that out of 573 sanctioned posts, actual vacancies in the total category of Loco Pilots, Assistant Loco Pilots and Senior Assistant Loco Pilots is 561, whereby, the total vacancy position is12.
4
3. This contention of the respondent was sought to be demolished by the applicant with reference to documents produced thereafter, as Annexure A9 to Annexure A11 seniority lists. A reference to Annexures A9, A10 and A11 clearly indicates that the number of vacancy positions referred to by the respondents as revealed in the reply statement in the form of a table at Para 4 does not reflect the correct picture. Annexure A15 is an order of promotion dated 31.01.2024 issued by the 5 th respondent promoting 10 Loco Pilots/Goods as Loco Pilot/Passenger. According to the learned Counsel for the applicant, the total strength of Loco Pilot/Passenger would now go to 87 (77+10) as against the sanctioned strength of 68.
4. Today, the learned ACGSC handed over an unsigned statement. It shows that as against the sanctioned strength of 68 Loco Pilot/Passenger actual number was 73. Thereby, there was an excess of 5 persons. However, the learned ACGSC explained that several such Loco Pilots have been deployed to various posts. Further, two persons have been promoted and two have gone back by repatriation. The total sanctioned strength of Loco Pilots/Assistant Loco Pilots/Senior Assistant Loco Pilots is 573 whereas, the actual strength is 555 with vacancies of 18.
5
5. Based on these figures produced by either side, it can safely be held that it does not show any considerable dearth of Loco Pilots/Passengers, so as to warrant rejection of the claim of the applicant outright. Having considered the fact that both the statements produced along with the reply statement and the statement now produced show an excess staff of Loco Passengers, at least. Definitely, it is for the employer, the Railway, to distribute the workforce having regard to the exigencies. Prima facie, the explanation offered by the respondents is not convincing. At the same time, the agony of the person, who had applied for the transfer way back in 2016 cannot also be lightly brushed aside. Having regard to the entire facts, I am inclined to hold that the rejection of the request of the applicant by Annexure A2 does not appear to be after a conscious and proper evaluation of the entire facts and the number of persons available for Loco Pilot/Passenger. Definitely, the 5th respondent is bound to apply the mind on the facts and figures produced by the learned Counsel for the applicant and the learned Counsel for the respondent also and have an equitable balanced view of the entire issue. Specific comments made by this Tribunal regarding the vacancy position should be considered while passing the order, by the authority.
6
6. Having considered this, I am inclined to set aside Annexure A2 and direct the 5th respondent to personally look into the matter and to pass appropriate orders as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this order. Interim order dated 20.11.2023 will continue till the date of order by the authority.
7. The O.A is accordingly disposed of. No cost.
(Dated, 16th February, 2024) JUSTICE SUNIL THOMAS JUDICIAL MEMBER v 7 List of Annexures in O.A No.511/2023 Annexure A1- A true copy of the NOC bearing NWR-
JPOPERS(EM)/51/2022-O/O APO/M/JP/NWR (88912) dated 29.5.2023 issued from the office of the fourth respondent. Annexure A2- A true copy of the letter bearing no.J/P 676/V/PR/IRT/Vol.XIX dated 11.7.2023 issued by the fifth respondent. Annexure A3- True copy of the representation submitted by the applicant dated 18.7.2023 to the fifth respondent. Annexure A4- A true copy of the representation dated 23.8.2023 addressed to the eighth respondent.
Annexure A5- A true copy of the Railway Board order bearing No.E(NG)I-2019/TR/3 dated 18.1.2019.
Annexure A6- A true copy of the Railway Board order bearing No.E(NG)I-2019/TR/11 dated 20.09.2019.
Annexure A7- A true copy of the Railway Board order bearing RBE No.85/2020 dated 01.10.2020 Annexure A8- A true copy of the Railway Board order bearing RBE No.83/2023 dated 23.6.2023.
Annexure A9- A true copy of the Seniority list of Loco Pilot/Mail published by the 5th respondent under No.J/P.612/V/PR/Vol.III dated 02.01.2024.
Annexure A10- A true copy of the seniority list of Loco Pilot/Passenger communicated under No.J/P.612/V/PR/Vol.III dated 8 02.01.2024 issued by the 5th respondent.
Annexure A11- A true copy of the seniority list of Loco Pilot/Goods communicated under No.J/P.612/V/PR/Vol.VIII dated 2.1.2024, issued by the 5th respondent.
Annexure A12- A true copy of the seniority list of Loco Pilot/Shunting I & II communicated under No.J/P.612/V/PR/Vol.VIII dated 02.01.2024 issued by the 5th respondent.
Annexure A13- A true copy of the seniority list of Assistant Loco Pilot communicated under No.J/P.612/V/PR/Vol.VIII dated 4.01.2024, issued by the 5th respondent.
Annexure A14- A true copy of the seniority list of Senior Assistant Loco Pilots communicated under No.J/P.612/V/PR/Vol.VIII dated 03.01.2024, issued by the 5th respondent.
Annexure A15- A true copy of the promotion order bearing No.J/PR/07/2024 dated 31.01.2024 , issued by the 5th respondent. Annexure R1- Copy of the letter No.P(R)676/P/Vol.V dated 4/2/2016.
Annexure R2- Copy of the Railway Board Letter No.J/P.676/V/PR/IRT/Vol.XIX dt.28.08.2020. Annexure R3- Copy of the Railway Boards letter dt 20/09/2019. Annexure R4- Copy list of 13 employees which NOC sent **************