Central Administrative Tribunal - Hyderabad
Randhir Pandit vs South Central Railway on 2 April, 2024
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OA.No.265/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH, HYDERABAD
ORIGINAL APPLICATION NO.021/00265/2024
HYDERABAD, this the 02nd day of April, 2024
CORAM:
HON'BLE DR. LATA BASWARAJ PATNE, JUDICIAL MEMBER
1. Randhir Pandit S/o Sri Bhagawan Pundit
Aged about 35 years, Occupation: Loco Pilot (Goods)
(Group C) in the O/o Chief Crew Controller
South Central Railway, Hyderabad Division, Nizamabad
R/o Flat No.2403, IV Floor, Sundaram Apartments
Kanteshwar, Nizamabad - 503 002.
2. Paramjeet Kumar Roy, S/o Ramachandra Roy
Aged about 33 years, Occupation: Loco Pilot (Goods)
(Group C) in the O/o Chief Crew Controller
South Central Railway, Hyderabad Division, Nizamabad
R/o 11-1-1295/2, Road No.8, Panchayat Nagar Colony
Kanteshwar, Nizamabad - 503 002.
3. Lakshman Das S/o Sri Ramlal Das
Aged about 33 years, Occupation: Loco Pilot (Goods)
(Group C) in the O/o Chief Crew Controller
South Central Railway, Hyderabad Division, Mahaboob Nagar
R/o 7-5-195/A3, Laxmi Nagar Colony
Mahaboob Nagar, TG - 509001. .....Applicants
(By Advocate Sri K.Siva Reddy)
Vs.
Union of India rep by
1. The General Manager
South Central Railway
Rail Nilayam, Secunderabad.
2. The Divisional Railway Manager
South Central Railway
Hyderabad Division
Hyderabad Bhavan, Secunderabad- 500 025.
3. The Divisional Railway Manager (P)
South Eastern Railway
Ranchi Division, Hatia Ranchi - 834003. ....Respondents
(By Advocate Sri D.Satyaveer, Senior Panel Counsel for Central Government)
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OA.No.265/2024
ORAL ORDER
PER: HON'BLE DR. LATA BASWARAJ PATNE, JUDICIAL MEMBER
1. By this Original Application, the applicants have prayed the following relief:-
i. To declare the inaction of the respondent No.1 and 2 in relieving the applicants to enable them to join Ranchi Division, South Eastern Railway, Ranchi i.e. respondent No.3 herein on Inter Railway Request Transfer vide proceedings dt..21.02.2023 and the said action is arbitrary and illegal and contrary to rules and contrary to the decision of the Hon'ble High Court and Hon'ble Tribunal and violative of Articles 14, 16 and 21 of the Constitution of India and set aside the same.
ii. Consequently direct the respondents 1 to 2 to relieve the applicants to join Ranchi Division, South Eastern Railway, Ranchi i.e. respondent No.3 herein on Inter Railway Request Transfer.
2. When the matter is taken up for admission, learned counsel for the applicants submits that the applicants in this case are working in the present organisation since 2014 and have requested for Inter Railway Own Request Transfer from the present Railways to Ranchi Division, South Eastern Railways and accordingly, NOC was issued in their favour and, on revalidation, the same has been extended. However, till date, the transfer has not been effected and the applicants have not been relieved from the present station. The learned counsel for the applicants further submits that the issue in respect of the Inter Railway Own Request Transfer and the issuance of NOC for revalidation has already been settled by this Tribunal in OA.No.119/2024 in Pushpender Kumar's case vide order dated 23.02.2024 wherein the applicant in that case has been granted liberty to submit a detailed representation and accordingly direction has been issued. Learned counsel for the applicants submits that if similar order is passed in the present OA also, the purpose of filing this OA will be fulfilled. 3 OA.No.265/2024
3. Sri D.Satyaveer, learned Senior Panel counsel appears and takes notice on behalf of the respondents.
4. In view of the limited prayer made by the learned counsel for the applicants, if the applicants in this OA are also granted liberty to submit a detailed representation, along with the orders passed by this Tribunal to the Competent Authority, on revalidation of their NOC as well as extending the period of NOC and considering their case for transfer as acceded by them and to release them at the earliest, the purpose of filing this OA will be fulfilled. Accordingly, the NOC is extended till the applicants are relieved and the applicants are at liberty to submit their representation to the Competent Authority within a period of two weeks from the date of receipt of the order. On receipt of such representation, the respondents are directed to consider the same, followed with the Board's directions as well as observation of this Tribunal passed in various other pronouncements, when their turn comes and feasibility in the light of available manpower and looking into the administrative exigency in the office of the respondents, to fulfil the requirement of establishment where the applicants are working.
5. With the above direction, the OA is disposed of at admission stage. However, there shall be no order as to costs.
(DR. LATA BASWARAJ PATNE) JUDICIAL MEMBER /ps/