Central Administrative Tribunal - Kolkata
Ayub Ali vs South Eastern Railway on 29 January, 2026
1 o.a.44 of 26
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
O.A. 350/44/2026 Date: 29.01.2026
Coram: Hon'ble Smt. Urmita Datta (Sen), Judicial Member
Ayub Ali, aged about 55 years, son of late Fasiuddin
Ahmed, at present working as Group- D Railway Staff
under the designation of General Assistant (ELEC)
residing at Railway Quarter No. 36MD/3, Unit- 1,
Type- 2, South Eastern Railway, Garden Reach,
Colony, Kolkata- 700043 and also residing at Village
P.S. , Kumarchok, P.O. Durgapur, Khushmondi,
District- South Dinajpur, North Bengal, West Bengal,
Pin- 733121.
..................Applicant.
-versus-
1. Union of India, service through the General
Manager, South Eastern Railway, 11, Garden Reach
Road, Kolkata- 700043.
2. The Secretary (IRPS), Ministry of Railways,
Government of India, Rail Bhawan, Rafi Marg, New
Delhi- 110001.
3. The Divisional Railway Manager, South Eastern
Railway, Kharagpur Division, South Eastern
Railway, P.O. & P.S. Kharagpur, District- Paschim
Medinipur, Pin - 721301.
4. The General Manager, Eastern Railway, 17, Netaji
Subhas Rd. Fairly Place, B.B.D. Bagh, Kolkata-
700001.
5. The Senior Divisional Electrical Engineer (Sr. DEE),
(General), Kharagpur Division, South Eastern
Railway, P.O. & P.S. Kharagpur, District- Paschim
Medinipur, Pin- 721301.
.................Respondents.
Digitally signed by Pampa
Nandi Debnath
DN: C=IN, O=Personal,
T=1575, OID.2.5.4.65=
133596280922834876S4
dj74l44OOh8c, Phone=
feef9776669c46fe6184e8
20dd910dd7d01593942d
d0b54986bb0e38968152
Pampa 27, PostalCode=700131,
S=West Bengal,
SERIALNUMBER=
Nandi 965e50cc3fa0709cded21
68635dee2247261f62bbb
Debnath c47678dd5cb72a133ee6
b9, CN=Pampa Nandi
Debnath
Reason: I am the author
of this document
Location:
Date: 2026.02.10
17:11:30-08'00'
Foxit PDF Reader
Version: 2024.4.0
2 o.a.44 of 26
For the Applicant : Mr. Syed Raihanul Hossain, Counsel
For the Respondents : Ms. D. Ghosh Dastidar, Counsel
O R D E R (ORAL)
Per: Urmita Datta (Sen), Judicial Member The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act 1985, praying for the following relief(s):-
"8(a) Recall and/or rescind your applicant's Transfer order to Baleshwar, Odisha and consider your applicant's prayer for transfer to Malda Division, Eastern Railway purely on humanitarian grounds.
(b) Transfer your applicant to Malda Division, Eastern Railway from South Eastern Railway immediately as soon as possible because your applicant is at the verge of your applicant retirement i.e. on 31st January, 2030 and it is not possible due to your applicant's mobility issues arising out of your applicant's amputated leg to join the duty in Baleshwar, Odisha as your applicant is a person with 80% disability with an amputated right leg at this age as your applicant also has to look after your applicant's mother who is aged about 80 years is seriously ill as your applicant is the only earning member in your applicant's family so a nearby posting at Malda Division in Eastern Railway will greatly help your applicant in this grave and compelling situation.
© Stop this continuous harassment of your applicant over these years caused due to the frequent transfers issued by the Railway Administration thereby violating your applicant's constitutional rights as a physically handicapped person by constantly posting your applicant to remote areas like Baleshwar, Odisha.
(d) To pass such other or further order or orders as to this Hon'ble Tribunal may deem fit and proper."
2. This is 2nd round of litigation of the applicant before this Tribunal.
Earlier the applicant was initially transferred to Baleshwar, Odisha from Headquarters of South Eastern Railway at Garden Reach along with other two persons vide order dated 07.08.2024. Subsequently, he approached this Tribunal by filing OA. 1128/2025 which was finally disposed of vide order dated 20.08.2025 with the following observations:
Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S4 dj74l44OOh8c, Phone= feef9776669c46fe6184e8 20dd910dd7d01593942d d0b54986bb0e38968152Pampa 27, PostalCode=700131, S=West Bengal, SERIALNUMBER= Nandi 965e50cc3fa0709cded21 68635dee2247261f62bbb Debnath c47678dd5cb72a133ee6 b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location: Date: 2026.02.10 17:11:30-08'00' Foxit PDF Reader Version: 2024.4.0 3 o.a.44 of 26
"9. In view of the above facts and keeping in view the fact that the applicant is a handicapped person with 80% disability and having one amputated leg, the General Manger, South Eastern Railway is directed to consider the representation of the applicant for Inter-Zonal transfer to Eastern Railway sympathetically on humanitarian grounds by treating the OA as a part of his representation within a period of 04 weeks from the date of receipt of a certified copy of this order. The decision taken in this regard till be communicated to the applicant by way of a reasoned order."
3. In compliance to the aforesaid directions, the General Manager, South Eastern Railway had passed the speaking order dated 13.10.2025 (Annexure A/4) with the following observations:
"Further, the authorities possess unrestricted authority to transfer its staff, taking into account the demands of public interest and administrative necessities. A Government employee who occupies a post that is transferable may be moved to a different location. A transferable post employee does not have the right to stay posted at a specific location. An employee does not have a fundamental right to be posted at a location of their choice, and transfers are conditions of employment. Administrative needs take precedence over the personal comfort of individual employees. The public interest and the smooth operation of the organisation where they work are the driving forces behind employee transfers.
Further, as far as your request for Inter Railway transfer to Malda division in Eastern Railway is concerned, it has been observed that you have submitted the application for Inter Zonal Transfer to the Malda Division manually. No request for inter-railway transfer to Malda division/Eastern Railway has been submitted by you in prescribed format even in off-line mode. In this connection, it is hereby informed that Railway Board vide letter dated 15-08-2022 has strictly directed that allkinds of transfer application should only be processed through the Transfer/Module of the HRMS portal w.e.f 15.08.2022.
As such, you are advised to join the new place of posting at the earliest and submit your Inter Railway transfer request through HRMS portal for further processing.
4. There after, the applicant had approached this Tribunal by filing the present OA.
5. Learned counsel for the respondents has raised preliminary objection on the ground that neither any specific transfer order nor any rejection order has been challenged in the instant case. She further submits that the applicant has already been released on 08.08.2024 which would be evident from the earlier order of this Tribunal dated 20.08.2025. However, the applicant has Digitally signed by Pampa Nandi Debnath DN: C=IN, O=Personal, T=1575, OID.2.5.4.65= 133596280922834876S4 dj74l44OOh8c, Phone= feef9776669c46fe6184e8 20dd910dd7d01593942d d0b54986bb0e38968152 Pampa 27, PostalCode=700131, S=West Bengal, SERIALNUMBER= Nandi 965e50cc3fa0709cded21 68635dee2247261f62bbb Debnath c47678dd5cb72a133ee6 b9, CN=Pampa Nandi Debnath Reason: I am the author of this document Location:
Date: 2026.02.10 17:11:30-08'00' Foxit PDF Reader Version: 2024.4.0 4 o.a.44 of 26 not been joined in the new place of posting. Therefore, she prays for dismissal of the present OA.
6. I have heard the learned counsels and perused the materials on record.
7. It is noted that the applicant was initially transferred vide order dated 07.08.2024 and thereafter approached this Tribunal by filing OA. 1128/2025 with the following reliefs:
"a) An order restraining the respondents, their agents, subordinates and successors from giving any effect and/or further effect of the release order dated 08.08.2024 issued by the respondent authorities in favour of the applicant, forthwith;
(b) An order directing the respondents, their agents, subordinates and successors to recall or set-aside or rescind the purported release order dated 08.08.2024 issued in favour of the applicant, forthwith;
(c) An order directing the respondents, their agents, subordinates and successors to transfer your applicant to the District Malda Division, Eastern Railway, West Bengal by considering his physically-handicapped condition with 80% Disability arising out of amputated right leg;
(d) An order to recall/rescind/withdraw the said Eviction Letter dated 18/07/2025 and restrict the respondent authorities to take any coercive/arbitrary steps and/or actions against the Applicant since he is a physically-handicapped Railway Employee with 80% Disability arising out of amputated right leg.
(e) An order directing the respondents, their agents, subordinates and successors to produce all records and proceedings so that conscionable justice may be administered by granting the relief for hereinabove;
(f) To pass such other or further order or orders as to the Hon'ble Tribunal may deem fit and proper"
8. It is also noticed that even in this application, neither the applicant had challenged any specific transfer order or any speaking order whereby the claim of the applicant has been rejected. Therefore, I do not find any reason to entertain the present OA. Accordingly, the OA is dismissed. No costs.
(UrmitaDatta (Sen))
Judicial Member
pd
Digitally signed by Pampa
Nandi Debnath
DN: C=IN, O=Personal,
T=1575, OID.2.5.4.65=
133596280922834876S4
dj74l44OOh8c, Phone=
feef9776669c46fe6184e8
20dd910dd7d01593942d
d0b54986bb0e38968152
Pampa 27, PostalCode=700131,
S=West Bengal,
SERIALNUMBER=
Nandi 965e50cc3fa0709cded21
68635dee2247261f62bbb
Debnath c47678dd5cb72a133ee6
b9, CN=Pampa Nandi
Debnath
Reason: I am the author
of this document
Location:
Date: 2026.02.10
17:11:30-08'00'
Foxit PDF Reader
Version: 2024.4.0
5 o.a.44 of 26