Central Administrative Tribunal - Ernakulam
Union Of India Represented By The ... vs Toby Abraham on 11 March, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
M.A.No.1065/12 & M.A.No.210/13 in O.A.No.902/10,
M.A.No.1256/12 & M.A.No.327/12 in O.A.No.837/11,
M.A.No.82/13 & M.A.No.100/13 in O.A.No.836/11
& M.A.No.208/13 in O.A.No.880/11
Monday this the 11th day of March 2013
C O R A M :
HON'BLE Dr.K.B.S.RAJAN, JUDICIAL MEMBER
M.A.No.1065/12 & M.A.No.210/13 in O.A.No.902/10
1. Union of India represented by the General Manager,
Southern Railway, Headquarters Office,
Park Town P.O., Chennai - 600 003.
2. Chief Personnel Officer,
Southern Railway, Headquarters Office,
Park Town P.O., Chennai - 600 003.
3. Senior Divisional Personnel Officer,
Southern Railway, Palghat Division,
Palghat - 678 002.
4. Divisional Personnel Officer,
Southern Railway, Trivandrum Division,
Trivandrum - 695 014. ...Misc. Applicants
(By Advocate Mr.Thomas Mathew Nellimoottil)
V e r s u s
1. Toby Abraham,
S/o.Abraham Philip,
Assistant Loco Pilot,
O/o.the Sr.Section Engineer/Carriage & Wagon,
Southern Railway, Palghat Division.
Residing at Aickaravil, Panacheppally P.O.,
Koovappally (via), Kottayam - 686 518.
2. Ajayakumar T.,
S/o.N.P.Thulaseedharan Nair,
Assistant Loco Pilot,
O/o.the Sr.Section Engineer/Carriage & Wagon,
Southern Railway, Palghat Division.
Residing at Thulasitharayil, Kulakkad East P.O.,
Kottakkara (via), Kollam District - 691 521.
3. Venugopal S.,
S/o.K.G.Sreedharan Pillai,
Assistant Loco Pilot,
O/o.the Sr.Section Engineer/Carriage & Wagon,
Southern Railway, Palghat Division.
Residing at Raj Bhavan, Kalluvathukkal P.O.,
Kollam - 691 578.
4. K.S.Shijumon,
S/o.K.K.Sambasivan,
Assistant Loco Pilot,
O/o.the Sr.Section Engineer/Carriage & Wagon,
Southern Railway, Palghat Division.
Residing at Kavankudy House, Vadayampady P.O.,
Ernakulam District - 682 308.
5. S.Prasam,
S/o.P.G.Sadasivan (late),
Assistant Loco Pilot,
O/o.the Sr.Section Engineer/Carriage & Wagon,
Southern Railway, Palghat Division.
Residing at Pattathil Veedu, Thazham,
Chathannur P.O., Kollam District - 691 572. ...Respondents
(By Advocates Mr.T.C.Govindaswamy & Mr.M.P.Varkey)
M.A.No.1256/12 in O.A.No.837/11
1. Union of India represented by the General Manager,
Southern Railway, Headquarters Office,
Park Town P.O., Chennai - 600 003.
2. Chief Personnel Officer,
Southern Railway, Headquarters Office,
Park Town P.O., Chennai - 600 003.
3. Senior Divisional Personnel Officer,
Southern Railway, Palghat Division, Palghat.
4. Senior Divisional Personnel Officer,
Southern Railway, Tiruchirappalli Division,
Tiruchirappalli - 620 001. ...Misc. Applicants
(By Advocate Ms.K.Girija)
V e r s u s
1. Shri.B.M.Sreejith,
S/o.Narayanan Nair,
Sr.Assistant Loco Pilot,
CCRC Office, Southern Railway,
Tiruchirappalli Division.
Residing at Padikkalakandiyil House,
Vattali Post, Kozhikode - 673 510.
2. Shri.P.M.Hareesh Babu,
S/o.Kunjukrishnan Nambodiri,
Sr.Assistant Loco Pilot,
CCRC Office, Southern Railway,
Tiruchirappalli Division.
Residing at Koovaikkunnath Illam, Chittannur,
Vilayancode, Mandoor (via), Kannur District. ...Respondents
(By Advocate Mr.Martin G Thottan)
M.A.No.327/12 in O.A.No.837/11
1. Shri.B.M.Sreejith,
S/o.Narayanan Nair,
Sr.Assistant Loco Pilot,
CCRC Office, Southern Railway,
Tiruchirappalli Division.
Residing at Padikkalakandiyil House,
Vattali Post, Kozhikode - 673 510.
2. Shri.P.M.Hareesh Babu,
S/o.Kunjukrishnan Nambodiri,
Sr.Assistant Loco Pilot,
CCRC Office, Southern Railway,
Tiruchirappalli Division.
Residing at Koovaikkunnath Illam,
Chittannur, Vilayancode,
Mandoor (via), Kannur District. ...Misc. Applicants
(By Advocate Mr.Martin G Thottan)
V e r s u s
1. The Chief Personnel Officer,
Southern Railway, Park Town P.O.,
Chennai - 03.
2. The Senior Divisional Personnel Officer,
Southern Railway, Trichy Division,
Trichy - 04.
3. The Senior Divisional Personnel Officer,
Southern Railway, Palghat Division,
Palakkad - 678 002. ...Respondents
(By Advocate Ms.K.Girija)
M.A.No.82/13 in O.A.No.836/11
1. The Chief Personnel Officer,
Southern Railway, Headquarters Office,
Park Town P.O., Chennai - 600 003.
2. The Senior Divisional Personnel Officer,
Southern Railway, Salem Division, Salem - 4.
3. The Senior Divisional Personnel Officer,
Southern Railway, Palghat Division,
Palghat - 678 002.
4. The Senior Divisional Personnel Officer,
Southern Railway, Trivandrum Division,
Trivandrum - 14. ...Misc. Applicants
(By Advocate Mr.K.M.Anthru)
V e r s u s
1. P.Mahesh,
S/o.Paramu,
Senior Assistant Loco Pilot,
CCRC Office, Southern Railway, Palghat.
Residing at Gireesh Bhavan, Panayam P.O.,
Perinad, Kollam - 691 601.
2. James P Samuel,
S/o.Samuel,
Senior Assistant Loco Pilot,
CCRC Office, Southern Railway, Palghat.
Residing at Padinjare Purackal,
Pandiyammavu, Malukavumattom P.O.,
Kottayam - 686 652.
3. Santhosh C.,
S/o.K.Chellappan,
Senior Assistant Loco Pilot,
CCRC Office, Southern Railway, Palghat.
Residing at Pulimoottil Vadakkathil Veedu,
Edakkidom P.O., Ezhukone,
Kollam - 691 505.
4. Thomas Chacko,
S/o.Chacko,
Loco Pilot Shunting, CCRC Office,
Southern Railway, Shoranur.
Residing at Thazhathu Kozhikunnel,
Erumaparamattom P.O., Kottayam - 686 586.
5. R.Manikandan,
S/o.M.Ramasubbu,
Senior Assistant Loco Pilot,
CCRC Office, Southern Railway, Erode.
Residing at No.1, Cholavar Street, Kottar,
Nagarcoil, Kanyakumari District, Tamilnadu. ...Respondents
(By Advocate Mr.Martin G Thottan)
M.A.No.100/13 in O.A.No.836/11
R.Manikandan,
S/o.M.Ramasubbu,
Senior Assistant Loco Pilot,
CCRC Office, Southern Railway, Erode.
Residing at No.1, Cholavar Street, Kottar,
Nagarcoil, Kanyakumari District, Tamilnadu. ...Misc. Applicant
(By Advocate Mr.Martin G Thottan)
V e r s u s
1. The Chief Personnel Officer,
Southern Railway, Park Town P.O.,
Chennai - 03.
2. The Senior Divisional Personnel Officer,
Southern Railway, Salem Division, Salem - 04.
3. The Senior Divisional Personnel Officer,
Southern Railway, Palghat Division,
Palghat - 678 002.
4. The Senior Divisional Personnel Officer,
Southern Railway, Trivandrum Division,
Trivandrum - 14. ...Respondents
(By Advocate Mr.K.M.Anthru)
M.A.No.208/13 in O.A.No.880/11
1. The Chief Personnel Officer,
Southern Railway, Headquarters Office,
Park Town P.O., Chennai - 600 003.
2. The Senior Divisional Personnel Officer,
Southern Railway, Trivandrum Division,
Trivandrum.
3. The Senior Divisional Personnel Officer,
Southern Railway, Tiruchirappalli Division,
Tiruchirappalli - 620 001. ...Misc. Applicants
(By Advocate Mr.K.M.Anthru)
V e r s u s
1. Shri.P.S.Suresh Kumar,
S/o.Subramanian,
Senior Assistant Loco Pilot,
CCRC Office, Southern Railway,
Tiruchirappalli - 620 001.
Residing at Pulikkal House,
Kannamaly, Kochi - 8.
2. Shri.Baiju S.,
S/o.A.M.Sasidharan,
Senior Assistant Loco Pilot,
CCRC Office, Southern Railway,
Villupuram Depot, Trichy Division.
Residing at Arkattukunnel, Moolavattom,
Kottayam District. ...Respondents
(By Advocate Mr.Martin G Thottan)
These applications having been heard on 5th March 2013 this
Tribunal on 11th March 2013 delivered the following :-
O R D E R
HON'BLE Dr.K.B.S.RAJAN, JUDICIAL MEMBER A common order has been passed in O.A.No.902/10 and connected matters in which the operative portion reads as under :-
"19. Under the above circumstances, ends of justice would be met if a direction is given to the effect that before the next recruitment takes place to the post of ASM/ALP, either from the open market or from GDCE, the case of the applicants shall be considered on priority basis and where concurrence has been given, such individuals should be relieved in a phased manner so that all those who are to be transferred would be accommodated before the next recruitment takes place. Likewise, those who have applied for transfer and in whose case, the Trivandrum Division has not so far communicated its concurrence, shall be considered for transfer before the next recruitment takes place in case these are sufficiently senior in the register of transfer on inter divisional basis. Ordered accordingly."
2. The above M.As have been filed by the respondents seeking a clarification to the following extent :-
(a) "Recruitment" would mean that when the new recruits are physically available after their mandatory theoretical and physical training to take up the working post. In other words "completion of recruitment" to relieve the persons transferred from the Division would be only when the new recruits are available after completion of all appointment formalities such as mandatory theoretical and physical training to take up the working post for manning the train operations.
(b) Reservation policies are required to be followed mandatorily, as the posts reserved for SC/STs cannot be utilized for transferring UR employees, and therefore, employees belonging to UR would be considered to the extent of vacancies available in UR category only.
3. At the very outset, the Tribunal records its appreciation that on the request of the Tribunal the Chief Personnel Officer, Southern Railway along with his team of officers from various Divisions assisted the Court in resolving the matters relating to interdivisional transfer. In the most cogent manner the Chief Personnel Officer explained the entire situation and the ground reality. After referring to the common order passed in O.A.902/10 and other connected matters vide order dated 17th February 2012 the Chief Personnel Officer has stated that in all the Divisions online request for interdivisional transfer have been got executed and there has been greater transparency to enable everyone concerned to know the position relating to his case for interdivisional transfer. He has submitted that Trivandrum Division is the most sought after Division in respect of which as many as 225 applications are pending from Assistant Loco Pilots/Assistant Station Masters for interdivisional transfer whereas vacancy is not even 1/6 as on date. He has also stated that not all the vacancies could be consumed by way of interdivisional transfer as reservation for Scheduled Caste/Scheduled Tribe has to be inevitably followed being a constitutional mandate. He has, however, stated that the respondents are keeping in view the prescription by the Railway Board to accord priority in respect of such interdivisional transfers and such transfers are being effected in a phased manner. He has also stated that on account of the heavy demand for interdivisional transfer to Trivandrum Division, individuals on direct recruitment, who could be posted to Trivandrum Division, are being sent to other Divisions. Here again it is ensured that such posting of direct recruits does not in any way affect the seniority of those who sought interdivisional transfer to such other Divisions. The Chief Personnel Officer further highlighted the fact that a direct recruitee is not, on his selection to the post, directly inducted into the service. Being a safety post, adequate training is to be given and the same takes a few months (around four and a half) before the individual is appointed to man a particular post. The Indian Railway Establishment Manual provides for the manner of according seniority in respect of such interdivisional transfers. Attempt is always made to ensure that any vested right of any individual is not hampered on account of different mode of recruitment (direct recruitment, appointment through competitive examination or interdivisional transfer).
4. Counsel for the applicants in the O.As have submitted that all that the applicants are interested is that the Railway Board circular relating to priority for interdivisional transfer should be kept in view.
5. Arguments have been heard.
6. Insofar as clarification required is concerned, the term "recruitment" obviously would mean positioning of the individuals in respective place of posting as the training imparted may be treated as a part of pre-recruitment procedure. As such, clarification as sought for vide (a) above is accordingly given.
7. Insofar as clarification at (b) above is concerned, the direction given in paragraph 19 of the order certainly cannot be interpreted in a way which will affect or impair the reservation policy. In fact, interdivisional transfers ought to be carried out against corresponding posts (UR employees to be adjusted against UR vacancies and Reserved employees to be adjusted against Reserved vacancies).
8. With the above clarification, the M.As are disposed of.
(Dated this the 11th day of March 2013) Dr.K.B.S.RAJAN JUDICIAL MEMBER asp