Central Administrative Tribunal - Bangalore
Regha Rani K R vs South Western Railway on 18 September, 2025
1
O.A.Nos.170/00357/2023/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00357/2023
& M.A No.170/00388/2025
Order Reserved on: 2.9.2025
Date of Order: 18.9.2025
CORAM:
HON'BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)
HON'BLE DR. SANJIV KUMAR, MEMBER (A)
Smt.Regha Rani K.R
W/o.Sri.N.U Shivan
Aged 48 years
Working as Office Superintendent
O/o Principal Chief Operations Manager
South Western Railway, Rail Soudha
Gadag Road, Hubballi - 560 020
Residing at House No.308
'B' Block, Madhura Colony
Kusugal Raod, Keshawapur
Hubballi - 580 023 ...Applicant
(By Advocate Shri.A.R Holla)
Vs.
1. Union of India
by General Manager,
South Western Railway,
Gadag Road, Hubballi - 580 020
2. Principal Chief Personnel Officer,
SHAINEY
SHAI VIJU
CAT
NEY Bangalore
2025.09.22
VIJU 10:07:19
+05'30'
2
O.A.Nos.170/00357/2023/CAT/BANGALORE
South Western Railway, Rail Soudha, 1st Floor
Gadag Road, Hubballi-580 020
3. Senior Divisional Personnel Officer,
Southern Railway. Divisional Office
Palghat-678 002
4. Miss.Vasanthi
Chief Office Superintendent
Office of the PCOM/O
South Western Railway
Rail Soudha, Gadag Road
Hubballi - 580 020
5. Sri.Naramsetty Jagadish
Chief Office Superintendent
Head Quarters Office
South Western Railway
Safety Department
Rail Soudha, Gadag Road
Hubballi - 580 020 ......Respondents
(By Advocates Shri.S.Sugumaran for Respondent Nos.1 to 3,
Shri.T.R.Divate for Respondent No.4 (Not present), None for
Respondent No.5, Shri.P.Ravindra Naidu for Proposed Respondent
No.6)
ORDER
PER: DR. SANJIV KUMAR, MEMBER (A)
This Original Application has been filed under Section 19 of the Administrative Tribunals Act 1985 claiming the following reliefs:
" (i) To quash the Order (a) Memorandum No.SWR/P.676/II/Optg/RRT/R.R dated 15.07.2021, issued by the respondent No.2, Annexure -A12, to the extent it pertains to placing the applicant in the SHAINEY SHAI VIJU CAT NEY Bangalore 2025.09.22 VIJU 10:07:19 +05'30' 3 O.A.Nos.170/00357/2023/CAT/BANGALORE bottom seniority of the post of Office Superintendents, and (b) consequently set aside the Office Order No.182/2021 dated 27.08.2021 issued by the respondent No.2, Annexure-A14, promoting the respondents Nos.4 and 5 to the post of Chief Office Superintendent in Level 7 of Pay Matrix.
(ii) Direct the respondents to consider the applicant for promotion to the post of Chief Office Superintendent in place of the respondents Nos.4 and 5 and extend consequential benefits accordingly and
(iii) Grant such other relief deemed fit, having regard to the facts and circumstances of the case."
2. The reliefs are claimed on the grounds as mentioned in paragraphs 5(i) to (iv) of the Original Application. The brief facts narrated by the applicant are that the applicant was appointed as a Junior Clerk in South Western Railway on 16.04.1996. Thereafter she was promoted to the post of Office Superintendent. On 18.09.2020 she made an application seeking transfer to Palghat Division in Southern Railway, on personal grounds. She reported for duty in Palghat Division on 18.02.2021 for the post of Junior Clerk. She worked for about 5 months there and sought re-transfer to South Western Railway, Hubballi on domestic ground. The respondent No.2, by a letter dated 25.06.2021 informed the respondent No.3 that the lien in respect of the post held by the applicant is maintained in SHAINEY SHAI VIJU CAT NEY Bangalore 2025.09.22 VIJU 10:07:19 +05'30' 4 O.A.Nos.170/00357/2023/CAT/BANGALORE South Western Railway. Accordingly, the applicant has been transferred to the office of the respondent No.2 on 5.7.2021. On 15.7.2021, the respondent No.2 issued an order to the applicant stating that she would be placed at the bottom of the seniority list of the Office Superintendents and directed the applicant to give an undertaking that she would not claim seniority in the post. The applicants submits that thereafter, the respondent No.2 promoted the respondent Nos.4 and 5 to the post of Chief Office Superintendents disregarding the seniority of the applicant.
3. The applicant has filed this Original Application challenging the order dated 15.7.2021 issued by the respondent No.2 forcing her to forgo her seniority in the cadre of Office Superintendents and with a prayer to promote her to the post of Chief Office Superintendent in place of the respondent nos.4 and 5.
4. On notice, a reply statement has been filed by the respondents. Thereafter, no rejoinder has been filed by the applicant.
5. The case came up for final hearing on 2.9.2025. Learned counsel Shri.A.R.Holla for the applicant and Shri.S.Sugumaran for respondent nos.1 to 3 were present and heard. None appeared for Respondent no.4 and 5. Shri.Ravindra Naidu, Miscellaneous SHAINEY SHAI VIJU CAT NEY Bangalore 2025.09.22 VIJU 10:07:19 +05'30' 5 O.A.Nos.170/00357/2023/CAT/BANGALORE Applicant in M.A No.388/2025/proposed respondent no.6 was present through video conference and heard.
6. M.A No.170/00388/2025 has been filed by Shri.Ravindra Naidu, Office Superintendent of the Office of the Principal Chief Operations Manager, South Western Railway praying to permit him to array as Respondent No.6 in this O.A. He further prayed for dismissing the O.A and to set aside the promotion order made by the office of Respondent No.2 vide Office Order No.182/2021 vide order dated 27.8.2021 to Respondent Nos.4 and 5 as the proposed respondent no.6 was senior to both the applicants and as well as Respondent Nos.4 and 5.
7. M.A 388/2025 is filed by Shri.Ravindra Naidu, Office Superintendent who although was senior to the applicant but as there was some disciplinary inquiry going on against him, hence, he was not considered for promotion earlier. But from the very content of this M.A, the applicant does not appear to be relevant party as his interest will be served by filing a fresh O.A if he is aggrieved and he is permitted to do so, if he is so advised and inclined to do. With this observation, the M.A 388/2025 is disposed of. SHAINEY SHAI VIJU CAT NEY Bangalore 2025.09.22 VIJU 10:07:19 +05'30' 6 O.A.Nos.170/00357/2023/CAT/BANGALORE
8. We have carefully gone through the entire records and considered the rival contentions.
9. From the facts of the case, it is evident that this case is on a very narrow compass and the key issue to be decided is in the case of request transfers of an employee to a different geographical unit (seniority unit like one Railway zone to the other Railway zone):
10.(a). Whether the lien of an employee transferred from one unit to the other remains in the parent recruiting unit in the grade the person was holding earlier or it is to be maintained at the level of the reduced grade to which the employee is adjusted in the new cadre?, and
(b). Whether the original seniority of such transferred employee from one unit to the other is saved along with his/her lien?
11. It is not in dispute that the case of the applicant in the respondent department is covered by the Master Circular 34 on "Seniority of non- gazetted staff" wherein it mentions that:
II. Seniority of staff who seek transfer of their own accord.
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9. In cases where a Railway servant is transferred from one Railway to another on his/her own request, the transferred Railway servant should be placed below all existing confirmed as well as officiating and temporary railway servants in the relevant grade in the promotion group in the new establishment irrespective of his/her date of confirmation or length of service of officiating or temporary service.
9.1 The above principle is also applicable equally for transfer on request from one cadre/Division to another cadre/Division on the same Railway.
9.2 The above principle is not applicable to staff transferred from one seniority unit to another within the same Railway on mutual exchange, 9.3 The expression "relevant grade" referred to in para 9 above applies to grades where there is an element of direct recruitment.
9.4 No such transfer should be allowed in the intermediate grades in which all posts are filled entirely by promotion of staff from the lower grades and there is no element of direct recruitment.
12. Simple reading of the above rules shows that in cases where a railway servant is transferred from one railway to another on his/her own request, the transferred railway servant should be placed below all existing confirmed as well as officiating and temporary railway servants in the relevant grade in the promotion group in the new SHAINEY SHAI VIJU CAT NEY Bangalore 2025.09.22 VIJU 10:07:19 +05'30' 8 O.A.Nos.170/00357/2023/CAT/BANGALORE establishment irrespective of his/her date of confirmation or length of service of officiating or temporary service.
13. Meaning, thereby, the railway servant will lose his seniority and this general paragraph of rule 9 is qualified by the para 9(4) further that no such transfer should be allowed in the intermediate grades in which all posts are filled entirely by promotion of staff from the lower grades and there is no element of direct recruitment.
14. This makes it clear that the rule is designed to ensure that the person who, in their own interest and volition, has asked for a change of zone/cadre will lose seniority and their change basically shall not affect anyone else for their seniority and in their promotional prospects. That is why the rule has been qualified by the clause 9.4, that no such transfer should be allowed in the intermediate grades, in which all posts are filled entirely by promotion of staff from the lower grades and there is no element of direct recruitment. That means in such cases where a person who is holding a promotional post where there was no element of direct recruitment, the person will have to forgo his/her promotional seniority and go back to their lower grade from which they have reached the present grade on promotion in which lower grade there was the element of direct recruitment. SHAINEY SHAI VIJU CAT NEY Bangalore 2025.09.22 VIJU 10:07:19 +05'30' 9 O.A.Nos.170/00357/2023/CAT/BANGALORE Keeping in mind these rules, we have to examine the case of the applicant vis-à-vis the issues framed earlier.
15. The basic facts of the case are not denied that the applicant Smt. Rekha Rani K.R was initially appointed in North Eastern Railway, Gorakhpur as Junior Clerk-cum-Typist on 16.4.1996 and came on transfer to this Railway on option and joined on 20.03.2003. Subsequently, she was promoted to Office Superintendent on 15.8.2008 while she was working as OS in Dy.CSTE/Project/O/Mysore on a deputation basis, duly maintaining her lien in PCOM/O/SWR in Zonal Railways. She had sought inter railway request transfer (IRRT) to Palghat Division of Southern Railway on spouse grounds knowing well that such transfer will entail reversion as a Junior Clerk.
16. Based on her request dated 18.9.2020, which is in Annexure A- 2 the applicant had requested transfer to Palghat Division in Southern Railway and vide their order dated 31.12.2020 (Annexure A-3) inter- railway one way request transfer of the applicant to Palghat Division was approved by the competent authority as Junior Clerk/S&T Dept in PML - 2 on bottom seniority, subject to the usual terms and conditions governing such transfer. And her terms and conditions SHAINEY SHAI VIJU CAT NEY Bangalore 2025.09.22 VIJU 10:07:19 +05'30' 10 O.A.Nos.170/00357/2023/CAT/BANGALORE were mentioned in the Office Order No.09/2021 No.SWR/P.676/III/Comml.(Minist./SKK dated 11.01.2021 which inter-alia mentioned the following:
"Order No.09/2021
Sub: Inter Railway one-way request transfer of Smt. Regha Rani K. R., OS, Dy CSTE(Proj)/O/MYS/SWR(Lien and seniority maintained in PCOM/O/SWR/UBL) to PGT/S Rly/S&T Department as Jr. Clerk in pay Matrix level-02(7th PC) in recruitment grade on bottom seniority.
Approval of the Competent Authority is hereby communicated for Inter Railway one-way request transfer of Smt. Regha Rani K. R.. OS working in Dy.CSTE(Proj.))/O/MYS/SWR(Lien and seniority maintained in PCOM/O/SWR/UBL) to PGT/S Rly/S&T Department as Jr. Clerk in pay Matrix level-02(7th PC) on bottom seniority in recruitment grade.
The above Transfer is ordered subject to the following terms and conditions:-
01. The employee will take bottom seniority in the new seniority unit to which she is transferred i.e. Jr. Clerk in Pay Matrix Level-02(7th PC) RS(RP) Rules-2016 as per extant instructions applicable for such transfer (in the Division/Railway i.e, as per the seniority unit).
02. She should be free from DAR/SPE/Vigilance cases as on the date of her relief and report to DRM(P)/PGT/S.Rly. for further posting order.
03. She should not seek re-transfer to her parent Railway/Division later.
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04. As the transfer is ordered at her own request, she is not entitled for any benefit on transfer account
05. She should vacate Railway Quarters if in occupation or seek retention as per extant rules.
06. Her lien will be retained in her parent Railway till she is permanently absorbed in the new seniority unit to which she is posted
07. She should hand over all Railway property in her possession to her immediate supervisory official before her relief.
08 . While releasing the staff concerned the following formalities may be complied with, in terms of Railway Board's letter No. E (NG) I- 2001/TR/16 dated 21.11.2001.
(i) The releasing memorandum should be affixed with the photograph of Smt. Regha Rani K. R. to be attested by the releasing officer with her stamp and signature to be partially on the photograph and on the outside paper.
(ii) Sparing memo should have the signature of transferred employee and her thumb impression to be attested by the releasing Officer with her clear name and signature.
Date of relief of Smt.Regha Rani K.R may please be advised to this office & all concerned."
17. Careful reading of the above document, which is not disputed, shows that it was very clearly mentioned that the employee will take bottom seniority in the new seniority unit to which she is SHAINEY SHAI VIJU CAT NEY Bangalore 2025.09.22 VIJU 10:07:19 +05'30' 12 O.A.Nos.170/00357/2023/CAT/BANGALORE transferred, i.e., Jr. Clerk in Pay Matrix Level-02 (7th PC) RS(RP) Rules, 2016 as per extant instructions applicable for such transfer (in the Division/Railway i.e., as per the seniority unit).
18. Further, a condition was made that she should not seek re- transfer to her parent Railway/Division later. And in paragraph 6 of the above document, it further mentions that her lien will be retained on her parent railway till she is permanently absorbed in the new seniority unit to which she is posted.
19. The main dispute is regarding this condition no.6 as to what this condition means. Whether her lien at Hubballi will be retained on the parent railway till she is permanently absorbed in the new seniority unit to which she is posted at Palghat at the level of O.S as she was holding the said promotional post at the time of her request transfer or it has to be at the level of Junior Clerk to which she has been reduced to while sending her to the new zone at Palghat. Whereas the applicant asserts that as she was OS at Hubballi, this condition means that her lien should have been retained at the level of OS only along with her original seniority.
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20. However, the respondents assert that as now she has been reduced in rank to Junior Clerk and sent to Palghat, the respondents are required only to keep her lien at the Junior Clerk level in pay matrix level II at 7th CPC on bottom seniority post and recruitment grade and not at her original Office Superintendent grade.
21. The applicant has not been able to show any specific rule which may support her case, but her main contention in support of her case is that the respondents themselves have sent her certain communications and have adjusted her to the junior most level in Office Superintendent grade. Hence, her lien, along with seniority, should have been retained as a lien in her parent South Western Railway, Hubballi.
22. From the pleadings of the parties, it is evident that in the case of the applicant, after the requested transfer to Palghat, she worked at Palghat for five months after joining there, and thereafter she sought a re-transfer to South Western Railway, Hubballi, again on domestic grounds, and she came back to Hubballi at her parent zone. Now once she comes back to Hubballi for a 2nd time, the question before us is as to what should her cadre and seniority at Hubballi be as per extant rules ? As asserted by the applicant her lien is retained at SHAINEY SHAI VIJU CAT NEY Bangalore 2025.09.22 VIJU 10:07:19 +05'30' 14 O.A.Nos.170/00357/2023/CAT/BANGALORE Hubballi as Office Superintendent and her seniority is preserved as earlier as her lien is maintained at Hubballi as she had not been absorbed in the new cadre at Palghat yet, in spite of her 5-month request transfer and joining in service in the Palghat zone and subsequently 2nd time on her request transfer back to her parent zone Hubballi. Essentially the applicant is trying to say that as per rules in spite of her two request transfers, which were clearly in the nature of special concessions to the applicant, she retains not only her lien in her original promotional post of O.S but she retained her seniority at her parent cadre at Hubballi, as she was never absorbed in the new cadre at Palghat.
23. The applicant is trying to assert that respondent no.2 by letter dated 25.6.2021 informed respondent no.3 that the lien in respect of the post held by the applicant is maintained by South Western Railway, which is clear from Annexure A-9 dated 25.6.2021 on page 21 of the Original Application wherein it is mentioned that:
"स.ं /No.SWR/P.676/II/Comml./Minist./SKK दिन ंक/Dt 25.06.2021.
Sr. DPO/PGT दिषय / Sub: Re-transfer to Parent Zone (SWR/Hubli)
- reg.
SHAINEY SHAI VIJU CAT NEY Bangalore 2025.09.22 VIJU 10:07:19 +05'30' 15 O.A.Nos.170/00357/2023/CAT/BANGALORE संिर्भ / Ref.
Your office letter
No.J/P/535/VIII/MES/Clerical/Vol(X) dated
18.06.2021.
Reference to your letter cited above, it is to inform that, the lien in flo Smt. Regha Rani, Jr. Clerk, Sr.DSTE/PGT is still maintained in S.W.Rly as no communication has been received from your Division on her permanent absorption.
The Competent Authority has accorded approval to accommodate Smt. Regha Rani in Operating Department of HQrs of South Western Railway as there are vacancies existing.
Necessary action may be taken accordingly."
24. Now the question is what this letter means? Whether the maintenance of the lien in her parent zone at Hubballi on South Western Railway means her lien with seniority at the level of Office Superintendent was being maintained or it was being maintained at the Junior Clerk level at the lowest of that grade? And after her second request to transfer her back to Hubballi, South Western Railway Palghat had issued a letter dated 1.7.2021 (Annexure A-10) re- transferring her to PCPO/UBL of South Western Railway on existing vacancies in PML 2 at her own request subject to certain conditions mentioned therein which governed the transfer and pursuant to which vide Annexure A-11 dated 15.7.2021 the applicant Smt.Rekha Rani SHAINEY SHAI VIJU CAT NEY Bangalore 2025.09.22 VIJU 10:07:19 +05'30' 16 O.A.Nos.170/00357/2023/CAT/BANGALORE K.R reported at Hubballi mentioning that she was reporting for duty as Office Superintendent in Level 06(Level 07 under MACP) in Operating Department/HQ UBL vide reference Memorandum letter dated 15.7.2021 and the said Memo of South Western Railway dated 15.7.2021 mentions the following:
" MEMORANDUM Sub: Re-transfer to Parent Zone (SWR/Hubli).
Ref: 1. This office 0.0 No.09/2021 Dated 11.01.2021.
2.DRM(P)/PGT/SR Itr No.J/P/535/VII/MES/Clerical/ Vol(X) dtd 18.06.2021.
Smt Regha Rani K R, OS in Level-06 (Level- 07 under MACPS) working in PCOM/O/SWR was transferred to PGT Division on IRRT basis on reversion as Junior Clerk in Level-02 vide this office 0.0 No 09/2021 Dtd 11.01.2021. Accordirigly she reported to Palghat Division/Southem Railway on 18.02.2021.
The lien of Smt Regha Rani KR, Junior Clerk/PGT/S.Rly was still maintained in South Western Railway, Headquarters in Operating Department in terms of para 239 of IREC VOH since she is not absorbed in the Railway to which she was transferred.
She has requested for Re-transfer to her parent Railway/Department Le SWR vide her application dated 27.05.2021. Accordingly, a clarification was sought by Southen Railway/PGT SHAINEY SHAI VIJU CAT NEY Bangalore 2025.09.22 VIJU 10:07:19 +05'30' 17 O.A.Nos.170/00357/2023/CAT/BANGALORE Division for confirmation as to whether her lien is still maintained in SWR The Competent Authority of South Western Railway accorded his approval to accommodate Smt Regha Rani KR in Operating Department of South Western Railway as her lien is still maintained in SWR Accordingly, Smt Regha Rani KR requested for Re-transfer and the same has been considered and she is accommodated in South Western Railway on her transfer from PGT Division Southern Railway on IRRT basis. She has been relieved from PGT/Division/SRly vide letter No.J/P/535/VII/MES/Clerical/Vol(X) dated 02.07.2021 and reported to HQrs/SWR on 05.07.2021 and thus the duration from 05.07.2021 to 15.07.2021 may be treated as duty as she was waiting for posting orders. On her relief from Southem Railway and as per the orders of Competent Authority she is posted in Operating Department as a OS in Level-06 on bottom seniority on the following terms and conditions:
1. She should not seek re-transfer to PGT Division/SRly at a later date.
2. She will continue on her existing pay.
3. She will be placed at bottom of all the existing temporary/permanent staff in Level-06 in the cadre of Operating Department/SWR.
4. She should give a written declaration stating that she will not claim for seniority in the OS Grade of Operating Department in Level-06.
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5. As the transfer is ordered at her own request, she is not entitled for any benefit on transfer account. "
25. The main basis of the case of the applicant is that this Memorandum dated 15.7.2021 (Annexure A-12) in No.SWR/P-676/ II/Optg/IRRT/R.R on the subject, Re-transfer to parent zone (SWR/Hubli) clearly mentions that lien of Smt. Rekha Rani K.R, Junior Clerk/PGT/S.Rly was still maintained at South Western Railway, Headquarters in the Operating Department in terms of paragraph 239 of IREC Vol-I since she is not absorbed into the Railway to which she was transferred and as the competent authority at South Western Railways granted his approval as her lien is still maintained in South Western Railways. She must get her earlier cadre and seniority.
26. Accordingly Smt.Rekha Rani K.R as per her request and considering the same she is accommodated in South Western Railways on her transfer from Southern Railways on IRRT basis and that the competent authority has posted her in Operating Department as Office Superintendent in Level 6 on bottom seniority on the following terms and conditions that:
1. She should not seek re-transfer to PGT Division/SRly at a later date.
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2. She will continue on her existing pay.
3. She will be placed at bottom of all the existing temporary/permanent staff in Level-06 in the cadre of Operating Department/SWR.
4. She should give a written declaration stating that she will not claim for seniority in the OS Grade of Operating Department in Level-06.
5. As the transfer is ordered at her own request, she is not entitled for any benefit on transfer account.
27. The case of the applicant is that her lien was maintained by South Western Railway in her parent zone. Hence, her lien should have been maintained with seniority, and she must get seniority also retained in the zone after her 2nd request transfer or repatriation back to her parent zone. She refers to Annexure A-1 which is the 'Publication of provisional seniority list of ministerial cadre posts from Jr. Clerk to the O.S of Operating Department/HQ/SWR/UBL' wherein she wants to say that in the provisional seniority list of Office Superintendent, as on 1.1.2019, she was at serial No.2 mentioned as Smt. Rekha Rani.K.R whereas the private respondents Smt.C. Vasanthi, respondent no.4, are mentioned in serial no.3 and private respondent no.5 Shri. Naramsetty Jagadish is mentioned in serial no.5, so she was senior to both the private respondents in the O.S grade in SHAINEY SHAI VIJU CAT NEY Bangalore 2025.09.22 VIJU 10:07:19 +05'30' 20 O.A.Nos.170/00357/2023/CAT/BANGALORE South Western Railway zone, Hubballi. And as now after her repatriation to her original place, she has been put at the bottom of seniority of O.S grade, hence, she had been placed junior to these two respondents, nos.4 and 5 who were earlier junior to her before she had left this zone on voluntary transfer to other place in Southern Railway, Palghat. The main argument of the applicant is that as her lien was retained at Hubballi at the level of O.S, with her lien, her seniority also should have been retained and maintained.
28. The applicant has challenged Annexure A-14 dated 27.8.2021, Office Order 182 of 2021 by which Smt.C. Vasanthy, respondent no.4 and Respondent no.5, Shri. Naramsetty Jagadish, who, as per the applicant, were junior to her earlier, were placed on the select list for promotion to the post of Chief Office Superintendent in Level 7 of pay matrix vide O.M dated 3.8.2021 and were promoted and retained to their respective places. The claim of the applicant is that her seniority should have been retained and restored after her request repatriation back to her parent zone, and she should be given precedence in such a promotion when compared to the other two private respondents.
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29. The respondents have argued that the applicant had voluntarily sought inter railway request transfer to Palghat Division of Southern Railway on spouse ground on reversion as a Junior Clerk on bottom seniority in the recruitment grade since she was initially appointed as Junior Clerk-cum-Typist at North Eastern Railway since she has only SSLC educational qualification, vide her IRRT application dated 18.9.2020. Accordingly, the application was forwarded to Senior Divisional Personnel Officer, DRM Office, Palghat Division, Southern Railway, with a request to communicate the approval of the competent authority vide their office letter dated 14.10.2022, and she was relieved by their office letter dated 17.2.2021 to Southern Railway, and she joined at Southern Railway Palghat Division on 18.2.2021. As per the terms and conditions mentioned in Office Order dated 11.1.2021 wherein it was clearly mentioned that she should not seek re-transfer to her parent railway/division later. She joined Southern Railway at Palghat on 18.2.2021 as Junior Clerk and served for more than 5 months in Southern Railway. She had again requested a re-transfer to South Western Railway and also there was no specific provision/guidelines to take her back and the administration considered her application sympathetically and the competent authority accommodated her in the existing vacancy in the Operating SHAINEY SHAI VIJU CAT NEY Bangalore 2025.09.22 VIJU 10:07:19 +05'30' 22 O.A.Nos.170/00357/2023/CAT/BANGALORE Department, and then she was relieved from the Southern Railway, Palghat on 15.7.2021 and in her order also again it was mentioned that she will be placed at bottom of all the existing temporary/permanent staff in Level -6 i.e. OS in the cadre of Operating Department, South Western Railway. Accordingly, the applicant accepting the terms and conditions mentioned in the Memo dated 15.7.2021, had reported for duty vide her application dated 5.7.2021. They further assert that the applicant has never given any representation to the administration for protecting her seniority in O.S grade and placing where she was earlier before proceeding on transfer to Palghat Division. Had she represented as such, she would have been given a considered reply at the appropriate time.
30. They further mentioned that in terms of 9.4 of Master Circular 34, no such transfer should be allowed in the intermediate grades in which all posts are filled entirely by promotion of staff from the lower grades and there is no element of direct recruitment. Hence, her seniority should not be maintained in OS category as this is an intermediate grade and her seniority should be placed in the Junior Clerk category because she has only an SSLC educational qualification where an element of direct recruitment exists. SHAINEY SHAI VIJU CAT NEY Bangalore 2025.09.22 VIJU 10:07:19 +05'30' 23 O.A.Nos.170/00357/2023/CAT/BANGALORE
31. And at this juncture, the respondents further argued that while accepting her transfer back to Hubballi, the administration had erroneously accepted her in the post of O.S wherein, as per Railway Board guidelines, she would have been taken as Junior Clerk, duly protecting her pay. Hence, the respondents submit that if this Tribunal permits, the administration will issue the necessary corrigendum by placing her as Junior Clerk category on bottom seniority on return from the Palghat Division of Southern Railway.
32. We have carefully gone through the Master Circular 34 on 'Seniority of non-gazetted staff' particularly, the paragraph II, relating to seniority of staff who seek transfer on his own accord. Wherein paragraph 9 emphatically mentions that in cases where a railway servant is transferred from one railway to another on his/her request, the transferred railway servant should be placed below all existing confirmed as well as officiating and temporary railway servants in the relevant grade in the promotion group in the new establishment irrespective of his/her date of confirmation or length of service of officiating or temporary service. And thus said paragraph is qualified by 4 other subparagraphs from 9.1 to 9.4. And para 9.4 mentions that no such transfer should be allowed in the intermediate SHAINEY SHAI VIJU CAT NEY Bangalore 2025.09.22 VIJU 10:07:19 +05'30' 24 O.A.Nos.170/00357/2023/CAT/BANGALORE grades, in which all posts are filled entirely by promotion of staff from the lower grades and there is no element of direct recruitment.
33. Clearly, the Master Circular 34 on seniority of staff seeking a transfer at their own request is based on keeping in mind the seniority and promotion prospects of others in the parent unit as well as in a new unit for which a person is asking for change and, due to such changes, the government does not want anyone else to be affected in terms of their seniority or promotional prospect due to such request transfers. The rule clearly says that no such transfer should be allowed in the intermediate grades, in which all posts are filled entirely by promotion of staff from the lower grades and there is no element of direct recruitment. And as asserted by the respondents in O.S grade, there is no element of direct recruitment and the applicant was originally appointed as Junior Clerk. Hence, while transferring the applicant on request to Southern Railway at Palghat, the applicant was reverted from the grade of O.S to that of Junior Clerk and she had accepted these conditions and these conditions were clearly laid down therein and these conditions are as per the rules laid down in Master Circular 34 on 'Seniority of Non-Gazetted Staff' and the applicant was in the full knowledge of the rules and she had agreed to all the SHAINEY SHAI VIJU CAT NEY Bangalore 2025.09.22 VIJU 10:07:19 +05'30' 25 O.A.Nos.170/00357/2023/CAT/BANGALORE conditions laid down in her both first and the second inter zonal transfers. And clearly it is based on the rationale that, due to such changes, neither anyone's seniority in the old nor in the new cadre or anyone's promotional prospects in the old or new cadre should be affected by such a change, hence as per rule the beneficiary of such zonal/cadre change has to suffer the loss of seniority. It is not disputed that the applicant is a beneficiary of such two request inter zonal transfers, and hence she has to accept the consequences of the two transfers in terms of her seniority which is just and reasonable while applying and accepting two inter zonal transfers the applicant with full knowledge and open eyes has accepted all the conditions laid down by the rules. Merely because for some administrative reasons and may be due to slow pace of decision making she was not absorbed within the five months of her change in cadre at Palghat, and her lien being still maintained at Habballi, now we cannot punish the third parties whose seniority and promotional prospects may be affected by any lenient view in such circumstances, by giving benefit of retaining her seniority along with her original promotional post of OS in her original place. It appears that the respondents have erred in posting her as O.S in the original cadre Hubballi, where at Hubballi her lien was to be maintained at the SHAINEY SHAI VIJU CAT NEY Bangalore 2025.09.22 VIJU 10:07:19 +05'30' 26 O.A.Nos.170/00357/2023/CAT/BANGALORE level of Junior Clerk only, which is the post to which she was transferred to Palghat (Southern Railway). Merely because the respondents have by mistake taken the applicant back at the level of OS at Hubballi, the applicant cannot ask for her original seniority, as it will affect the seniority and promotional prospects of others who remained at Hubballi. The applicant cannot use the mistake committed by the respondents in assigning her a place in the grade of O.S as her defence and ground to seek her original seniority in the O.S grade, which by virtue of the inter zonal request transfer was as per rule lost ab-initio.
34. So now the question is, when the second time, the applicant applied for inter-railway request transfer by repatriation to her parent zone at Hubballi of South Western Railway, was her lien retained at O.S level or that of the Junior Clerk level ?
35. We are of the considered opinion that as the rationale of Master Circular 34 on 'Seniority of Non-Gazetted Staff', seeking a transfer on their own accord clearly envisaged that such a transfer should not affect in any way the seniority of any third party or their prospects for promotion, hence the lien of the applicant could have been retained only at the level of Junior Clerk and not at the level of O.S. On her SHAINEY SHAI VIJU CAT NEY Bangalore 2025.09.22 VIJU 10:07:19 +05'30' 27 O.A.Nos.170/00357/2023/CAT/BANGALORE repatriation back. The adjustment of the applicant to the bottom of seniority of O.S was a concession shown by the respondent department (now asserted as a mistake in the reply statement). Mistaken adjustment of the applicant at the bottom level seniority of OS at the original Hubballi zone after the second request transfer cannot substantiate the assertion of the applicant that her lien was maintained at the level of O.S and so she should get back her original seniority at the O.S level; in spite of getting two beneficial accommodation of inter zonal cadre change (transfer); i.e; first, on inter-railway request transfer from South Western Railway at Hubballi to Southern Railway at Palghat and the second time from Southern Railway, Palghat Division to Hubballi, South Western Railway.
36. We are of the considered opinion that such restoration of seniority is not supported by any rule, and any such concessional interpretation may affect the seniority and, promotional prospects of others who have not sought any such transfer of their own accord. Hence, we do not find any convincing case for the applicant. As of the request of the respondents in paragraph 4 of their reply, which is now post-facto, they have rightly understood that in the terms of para 9.4 SHAINEY SHAI VIJU CAT NEY Bangalore 2025.09.22 VIJU 10:07:19 +05'30' 28 O.A.Nos.170/00357/2023/CAT/BANGALORE of Master Circular 34, no such transfer should be allowed in the intermediate grades in which all posts are filled entirely by promotion of staff from the lower cadres and there is no element of direct recruitment, hence, they request that her lien and seniority should not have to be maintained in the O.S. cadre and her lien and seniority thus exists at the Junior Clerk level, because there is an element of direct recruitment which exists at that level. The respondents assert that while accepting her transfer, the administration has erroneously given O. S. post to the applicant, whereas, as per the railway board, circular, OMs and rules, it should have been at the level of Junior Clerk duly protecting her pay only. And they consequently seek the Tribunal's permission to issue the necessary corrigendum by placing her as Junior Clerk category on bottom seniority on return from Palghat Division of Southern Railway.
37. As this request of reversion to the Junior Clerk level is not the subject matter of this O. A, we would like only to mention that such action clearly falls in the domain of the department and their inherent power they have to exercise independently unfettered with any observations in this proceeding, if limitations and extant rules and SHAINEY SHAI VIJU CAT NEY Bangalore 2025.09.22 VIJU 10:07:19 +05'30' 29 O.A.Nos.170/00357/2023/CAT/BANGALORE procedures permitted such decision. The respondents are free to take any necessary decision as legitimate.
38. Considering the above discussions and in the light of Master Circular 34, particularly Rules 9 and 9(4), we are clear in our mind that the lien of the applicant should have been maintained at a level at which the applicant was transferred to the new cadre (Junior Clerk at Palghat) only; without protecting her seniority and the rules do not support that the lien of the applicant should have been maintained at the original promotional post (Office Superintendent at Hubballi) at their original promotional place at Hubballi with protecting any seniority, as it would affect the interest and promotional prospects of so many others in the said cadre. And, hence we do not find any merit in the case of the applicant.
The Original Application is dismissed. Accordingly, Miscellaneous Applications, if any pending, are disposed of. No costs.
Sd/- Sd/-
(DR. SANJIV KUMAR) (JUSTICE S. SUJATHA)
MEMBER (A) MEMBER (J)
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SHAINEY
SHAI VIJU
CAT
NEY Bangalore
2025.09.22
VIJU 10:07:19
+05'30'