Central Administrative Tribunal - Cuttack
Sudhanshu Kumar Gupta vs East Coast Railway on 8 April, 2026
O.A. No. 219 OF 2025 1 CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK BENCH OA No. 219 OF 2025 Reserved on : 07.04.2026 Pronounced on :08.04.2026 Coram : Hon'ble Mr. Sudhi Ranjan Mishra, Member (J) Hon'ble Mr. Pramod Kumar Das, Member (A)
1. Sudhanshu Kumar Gupta, aged about 48 years, S/o Mahdeo Prasad Gupta, working as TM-II, SSE (P.Way)/E. Co Rly/Khariar Road, resident of Qtr No. A/20, Railway Colony, Khariar Road, East Coast Railway, PO Khariar Road, Dist Nuapada, 766104, Odisha.
......Applicant VERSUS
1. Union of India, represented through the General Manager, East Coast Railway, Rail Sadan, Chandrasekharpur, Bhubaneswar, Dist Khurda 752017.
2. Principal Chief Personnel Officer, East Coast Railway, Rail Sadan, Chandrasekhapur, Bhubaneswar, Dist Khurda - 752017.
3. Senior Divisional Personnel Officer, East Coast Railway, Sambalpur Division, Khetrajpur, Post Modipara, Town/Dist Sambalpur - 768003, Odisha.
4. Senior DEN/Co-ordn, East Coast Railway, Samablpur Division, Khetrajpur, Post Modipara, Town Dist Sambalpur 768003, Odisha.
5. Principal Chief Personnel Officer, East Central Railway, Hajipur, Dist Vaishali, Bihar 844101.
6. Senior Divisional Personnel Officer, East Central Railway, Sonpur Division, AT/Post Sonpur Dist Saran, Bihar 841101.
......Respondents Signed By:C SADISH KUMAR Signing Date:10.04.2026 11:31 O.A. No. 219 OF 2025 2 For the applicant : Mr. N R Routray, counsel For the respondents: Mr. A K Mohapatra, counsel O R D E R Hon'ble Mr. Sudhi Ranjan Mishra, J.M. The applicant challenging the order of rejection dated 25.06.2025 passed by respondent no. 4 rejecting his request for transfer to Sonepur Division on own request has filed this OA praying for following reliefs:
(a) To quash the order dtd. 25.06.2025 under Ann. A/9;
(b) And to direct the respondents to transfer this applicant from Samablpur Division to Sonepur Division of East Central Railway;
(c) And pass any other order as this Hon'ble Tribunal deems fit and proper in the interest of justice.
2. The facts of the case as inter alia averred by the applicant in the OA is that he was initially selected for the post of Track Maintainer IV in the year 2012 and promoted to TM III in the year 2019 and then again promoted to the post of TM II in the year 2021. It is submitted that his wife Signed By:C SADISH KUMAR Signing Date:10.04.2026 11:31 O.A. No. 219 OF 2025 3 namely Kanchan Kumari is working as Govt. School Teahcer, in Dist Siwan, Bihar and the applicant on 14.03.2024 had applied for his transfer to Sonpur Division under Hajipur Zone/East Central Railway at own request on spouse ground. It is submitted that as no communication was received to his online request dated 14.03.2024, he submitted an application dated 26.07.2024 to Respondent No. 4 for his transfer stating that his first child died at the time of birth and the couple having no children and his wife is under mental distress, therefore he prayed for transfer at own request. It is submitted that as per RBE No. 148/2023 there is time limit for consideration of Inter-Railway own request transfer where calendar year has been divided into two cycles i.e. 10th of April and 10th of October every year. The time limit for decision on the application by the concerned division has been given as 20th of May and 20th of November. Further the time given to the Division where the staff is to be transferred is 31st May and 30th November. It is submitted that when his request was not considered he approached this Tribunal and in compliance to interim order of this Tribunal dated 16.05.2025, the respondents rejected his prayer vide Signed By:C SADISH KUMAR Signing Date:10.04.2026 11:31 O.A. No. 219 OF 2025 4 order dated 25.06.2025 on the ground that Samablpur Division is currently experiencing an acute shortage of Track Maintainers. He submitted that as per his information Sambalpur Division has already surrendered a large number of Group D post on the ground of surplus. Hence the OA.
3. The respondents have filed counter inter alia averring that Track Maintainers play a pivotal role in the maintenance of track safety to ensure the safe running of trains and since Samablpur Division is currently experiencing an acute shortage of track maintainers, the case of the applicant has been rejected vide order dated 25.06.2025. It is submitted that the request of the applicant has been duly registered in the parent railway transfer register and the provisions of RBE No. 148/2023 and DO letter dated 06.09.2022 will be applicable once the division reaches the sanctioned strength for the track maintainer cadres.
4. The applicant has filed rejoinder stating therein that the reason given of acute shortage of Track Maintainers is wrong Signed By:C SADISH KUMAR Signing Date:10.04.2026 11:31 O.A. No. 219 OF 2025 5 since the Sambalpur Division has already surrendered a number of posts after declaring surplus including the posts of Track Maintainers.
5. Heard both sides and perused the records.
6. The eligibility of the applicant for inter railway transfer is not disputed. The only contention of the respondents is acute shortage of Track Maintainers and therefore the prayer of the applicant has not been considered and will be considered in future after the division reaches sanctioned strength. However nothing has been averred regarding declaring of surplus posts by Samablpur Division which includes the post of Track Maintainer. The respondents on one hand declare post surplus and on the other hand also states that there is acute shortage.
7. The administrative matter of running the organization and posting/transferring of the employees is best known to the department, since the Railway is an essential service and Signed By:C SADISH KUMAR Signing Date:10.04.2026 11:31 O.A. No. 219 OF 2025 6 pubic safety is paramount, however the department being a Govt. organization should also be benevolent/sympathetic to employees mental health and exigencies. Therefore, we dispose of this OA with direction to the respondents to consider the case of the applicant positively in next cycle of transfer and pass a speaking order to that effect.
8. The OA is accordingly disposed of. No costs.
(PRAMOD KUMAR DAS) (SUDHI RANJAN MISHRA)
MEMBER (A) MEMBER (J)
(csk)
Signed By:C SADISH
KUMAR
Signing Date:10.04.2026
11:31