Central Administrative Tribunal - Mumbai
Arvind Prabhakar vs Central Railway on 20 March, 2026
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OA No.487/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH, MUMBAI.
ORIGINAL APPLICATION No.487/2025
Dated this Friday the 20th day of March, 2025
Coram: Hon'ble Shri Sangam Narain Srivastava, Member (A)
Arvind Prabhakar, Age 39 years
Son of Raj Narayan Yadav
Working as Loco Pilot Goods
Central Railway, CCCOR Office,
Putamba, Rahta, Ahmadnagar 413 707.
Residing at V+P-Jitwarpur Chouth
District: Samastipur.
State: Bihar, Pin Code: 848 134.
Mob. No. +91 95031 13902.
Email: [email protected]. ... Applicant
(By Advocate Shri Vishal Shirke)
VERSUS
1. Union of India,
Through the General Manager
Central Railway, Central Railway Head Quarters
CSMT, Mumbai 400 001.
2. The Divisional Railway Manager (P)
Central Railway, Solapur Division
Solapur 425 201.
3. Divisional Railway Manager (P)
Central Railway, Pune Division,
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone=
270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=
400083, S=Maharashtra, SERIALNUMBER=
Deepti Ganesh Munarshi
60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh
Munarshi
Reason: I am the author of this document
Location:
Date: 2026.03.23 12:38:19+05'30'
Foxit PDF Reader Version: 2024.3.0
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OA No.487/2025
Pune Station, 411 001.
4. The General Manager
East Central Railway Hajipur, Vaishali,
Bihar-844 101.
5. The Divisional Railway Manager (P)
East Central Railway, Samastipur Division,
Samastipur - 848 101. ... Respondents
(By Advocate Shri Sachin Patil)
Order Reserved on : 05th March, 2026.
Pronounced on: 20th March, 2026.
ORDER
The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
"8.a This Hon'ble Tribunal may graciously be pleased to call for the records of the case from the Respondents and after examining the same, direct the Respondent Nos. 1 to 3 to relieve the applicant from his present place of posting i.e. Pune Division, Central Railway to Samastipur Division, East Central Railway at the earliest.
8.b As a consequence of grant of prayer clause
(a) above, this Hon'ble Tribunal may further be pleased to direct the Respondent No. 4 & 5 to permit the Applicant to assume duties in the Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.03.23 12:38:19+05'30' Foxit PDF Reader Version: 2024.3.0 3 OA No.487/2025 East Central Railway.
8.c Costs of the application be provided for.
8.d Any other and further order as this Hon'ble Tribunal deems fit in the nature and circumstances of the case be passed".
2. The facts of the case are that the applicant joined as Assistant Loco Pilot at Solapur Division of Central Railway in 2007. He made an application for transfer from Solapur Division of Central Railway to Samastipur Division, East Central Railway. The said application was forwarded by the respondents without any objection. The Inter-Railway transfer of the applicant was approved by the competent authority on 12th June, 2013 and the same was communicated to the Central Railway. In the meantime, the applicant was promoted to various posts and is presently working as Loco Pilot (Goods). He was transferred in April, 2024 from Solapur Division to Pune Division.
2.2 It was submitted by the applicant that his Inter-Railway transfer is still under active consideration of Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.03.23 12:38:19+05'30' Foxit PDF Reader Version: 2024.3.0 4 OA No.487/2025 the respondents and they have informed the applicant on 10th September, 2024 that the approval for inter-Railway transfer dated 12th June, 2013 is re-validated for a period of one year i.e., upto 09th September, 2025. It is further contended that no steps have been taken for relieving the applicant in order to enable him to join at Samastipur and, therefore, the present Original Application.
3. Respondents have filed their reply wherein it is submitted that the respondents are unable to relieve the applicant due to more than 25% vacancies in Loco running department. It was further submitted that after merging the staff of DDMMR Section, the priority of Inter-Railway request transfer has been integrated and the current position of the applicant is 11. Since there are vacancies in the Loco Running cadre of more than 25%, the case of the applicant can be processed only after receiving sufficient replacements through RRB or departmental examination.
Digitally signed by Deepti Ganesh MunarshiDN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.03.23 12:38:19+05'30' Foxit PDF Reader Version: 2024.3.0 5 OA No.487/2025 3.2 It is also mentioned that before his transfer to Pune Division, the applicant could not be relieved by the Solapur Division as there were 31% vacancies in the Loco Running Department.
3.3 It is further submitted by Respondent No.5 - the Divisional Railway Manager (P), East Central Railway, Samastipur Division, vide his reply dated 20th November, 2025 that No Objection Certificate for acceptance in the recruitment grade post of Assistant Loco Pilot/Level-02 on Inter-Railway own request transfer to East Central Railway was issued vide GM/P HJP letter No.ECR-
ECR/HRD/Elect/283/ORT/CR-WCR/ 2013 (ALP) dated 12th June, 2013. It is also stated that the said approval was re-validated in favour of Shri Arvind Prabhakar, the applicant, on the request of Solapur Division. It is further mentioned that the applicant has not reported to East Central Railway, Samastipur Division, in the extended period of the NOC and, therefore, there is no laches on the part of Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.03.23 12:38:19+05'30' Foxit PDF Reader Version: 2024.3.0 6 OA No.487/2025 Respondent No.5.
4. I have heard the learned counsel for the applicant and the learned counsel for the respondents and have perused the pleadings and documents on record.
5. The facts as mentioned above are undisputed.
The applicant joined service on 16th August, 2007. He made application for Inter-Railway Transfer from Solapur Division of Central Railway to Samastipur Division, East Central Railway on 09th February, 2011. The Inter-Railway Transfer was approved and communicated to the applicant vide letter dated 12th June, 2013. The said approval for Inter-Railway transfer has been re-validated upto 09th September, 2025. The only reason for non-relieving of the applicant, as stated by the respondent, is that there are vacancies in the Loco Running department which exceed the threshold prescribed by the Railway Board for relieving candidates approved for Inter-Railway transfers.
Digitally signed by Deepti Ganesh MunarshiDN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
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6. During oral arguments, it was submitted that as per standing instructions, candidates approved for Inter-
Railway transfers are not to be relieved if the vacancy is more than 10%. It was reiterated that the vacancy in Pune Division is more than 25% and earlier in Solapur Division was more than 31% in the Loco Running department and, therefore, the applicant cannot be relieved.
7. It was argued that the applicant has no right to be transferred to a particular place and, therefore the OA deserves to be dismissed. For this proposition, the respondents have relied on the decisions of the Hon'ble Supreme Court in the case of Namrata Verma Vs. The State of Uttar Pradesh & Ors. in Special Leave to Appeal (C)No(s).36717/2014 and S.K. Nausad Rahaman & Ors. Vs. Union of India & Ors., in Civil Appeal No.1243 of 2022 decided on 10th March, 2022 and Geetha V.M. & Ors. Vs. Rethnasenan K. & Ors. in Civil Appeal Nos.3994-3997 of Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.03.23 12:38:19+05'30' Foxit PDF Reader Version: 2024.3.0 8 OA No.487/2025 2024 decided on 3rd January, 2025.
8. Learned counsel for the applicant argued that the Inter-Railway transfer of the applicant had been approved in 2013 and has been re-validated to be current. It was submitted that relieving on own request for inter-Railway Transfer, although approved but not implemented, leads to several other consequences as the applicant on joining the new place of posting will be placed at the bottom seniority and this would affect his future prospects. Non-relieving for no fault of the applicant when his transfer has been approved is, therefore, not correct on the part of the respondents.
9. It was submitted that the issue is covered by the decision in OA No.303/2022 passed by the Hyderabad Bench of this Tribunal. It was also submitted that the issue is also covered by the decision of the Andhra Pradesh High Court in WP No.35144 and connected matters. It was argued that Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.03.23 12:38:19+05'30' Foxit PDF Reader Version: 2024.3.0 9 OA No.487/2025 the objections raised by the respondents with regard to va-
cancy situation have already been considered by the Hyderabad Bench of this Tribunal as well as by the Hon'ble High court while dismissing the WPs by the respondents.
10. I have given thoughtful consideration to the submissions made on behalf of the learned counsel for the respective parties.
11. The respondents had submitted a chart showing the vacancy position in the Loco Running cadre, which reflects the vacancy as 33.05%. This Tribunal had directed the respondents to submit the vacancy position in the Loco Running cadre as on the date on which the NOC was issued.
However, in the submission made by the respondents on 05th March, 2026 the vacancy position has been shown as on September, 2024, which stands at 20.20 % instead of reflecting the vacancy position as on the date of issuance of the NOC.
It was, however, mentioned by the learned counsel for the Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.03.23 12:38:19+05'30' Foxit PDF Reader Version: 2024.3.0 10 OA No.487/2025 respondents that the vacancy position would have been in excess of 10% even at the time of issue of NOC.
12. I find that the issue is no longer res integra and is covered by the order of the Hyderabad Bench of this Tribunal as well as the judgment of the Hon'ble High Court of Judicature at Hyderabad in WP No.31544/2016 & Ors.
The relevant portions from the judgment of the Hon'ble High Court of Judicature at Hyderabad are reproduced below for ready reference:
"..........3. The contesting respondents in these writ petitions were employed either as Station Masters or Station Superintendents or Assistant Station Masters. They filed individual applications before the Central Administrative Tribunal, complaining that though their requests for transfer to other Railway Zones had long been accepted, the orders of transfer were not issued for years together. Therefore, they sought appropriate directions in the original applications filed by them before the Tribunal.
4. The Railway Administration pleaded that due to a large number of vacancies, the Administration was not able to transfer the contesting respondents herein. In other words, the Railway Administration Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.03.23 12:38:19+05'30' Foxit PDF Reader Version: 2024.3.0 11 OA No.487/2025 was not opposed in principle, to the request for transfer. On the other hand, the Administration accepted the requests for Zonal transfers and also passed orders.
5. In such a situation, the Tribunal took note of a Serial Circular No.175/2005 issued by the Railway Board, which mandates a time-bound programme to be drawn up. The Circular reads as follows:
"SERIAL CIRCULAR NO.175/2005 No. P(R)676/11 Date 02-11-2005.
Copy of Board's letter No E(NG)I-
2005/TR/22 dated 06-10-05 is published for information, guidance and necessary action.
Copy of Board's letter No.E(NG]I-
2005/TR/22 dated 06-10-05 (RBE No. 170/05).
Sub: Inter Zonal request transfers on bottom seniority.
In terms of extant procedure request transfer from one Railway/Division/Unit to another Railway/Division/Unit are considered in recruitment grades on bottom seniority subject to the condition that the employee seeking transfer fulfills the condition of qualification for recruitment to the posts in the grade to which transfer is sought.
2. It has been brought to the notice of this Ministry that inter zonal request transfers are being withheld on account of existence of vacancies. Since request by Railway servants for transfer on bottom seniority are made on Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.03.23 12:38:19+05'30' Foxit PDF Reader Version: 2024.3.0 12 OA No.487/2025 grounds of special cases of hardship, it has been decided that requests for inter zonal transfers may not be withheld on account of existence of vacancies. If, however, request for transfer are withheld in the exigency of service on account of existence of vacancies, a time bound programme should be chalked out to fill up the vacancies by direct recruitment or promotion, as the case may be."
6. In the light of the said Circular and in the light of the failure of the Railway Administration to draw up a time-bound programme, the Tribunal allowed the applications filed by the respondents, with a direction to the Administration to relieve the original applications in a phased manner within a period of six months from the date of receipt of a copy of the order. Aggrieved by the said order, the Administration has come up with the above writ petitions.
7. The grievance of the Railway Administration is that there are several roadblocks in the matter of filling up of all vacancies and that therefore if the respondents are relieved, without substitutes being posted in their places, the safety and security of the passengers and the trains may get jeopardized. The contention of the learned Senior Counsel for the Railway Administration is that no one can seek a Zonal transfer as a matter of right and that therefore the respondents may have to wait for their turn.
Digitally signed by Deepti Ganesh MunarshiDN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
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8. We have carefully considered the above submissions. As seen from the Serial Circular issued way back in the year 2005, the employees are entitled to make requests for transfer from one Zone to another. Such transfers may be accepted or may not be accepted. But once these requests are accepted, the employees are to take the bottom most seniority in the Zone to which they are transferred.
9. In the cases on hand, it is not the case of the Administration that the requests of the respondents for Zonal transfer were liable to be rejected. Their requests were already accepted. The respondents did not go to the Tribunal seeking a positive mandamus directing the Railway Administration to transfer them from one Zone to another. If they were seeking a transfer through Court order, the Administration may be entitled to put Rule 226 of the Indian Railway Establishment Code.
10. But once their requests for Zonal transfers have been accepted, the same cannot be kept in cold storage. If we have a look at the timeline of events, it could seen that by the Circular dated 02-11-2005, the Administration was directed to draw a time-bound programme. Exactly a period of 12 years has now passed from the date of the said Circular. No time-bound programme has been chalked out by the Administration. The Circular also mandates that existence of vacancies need not deter the implementation of the orders of transfer.
Digitally signed by Deepti Ganesh MunarshiDN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.03.23 12:38:19+05'30' Foxit PDF Reader Version: 2024.3.0 14 OA No.487/2025 Therefore, the Tribunal was right in allowing the applications of the contesting respondents.
11. It is interesting to note that the requests of the respondents for Zonal transfers were accepted way back in the year 2012 and 2013. Now a period of 4 to 5 years has passed. As and when the respondents go and join in the respective Zones, they have to take the bottom most seniority. Therefore, any further delay on the part of the Administration, will only weaken the morale of the persons, as it may dampen the prospects of their further promotions.
12. It is not the case of the Administration that no recruitment ever took place after 2012-13 up to this date. Their only case is that adequate number of persons could not be selected.
13. Therefore, in such circumstances, the blame, if at all there is any, may perhaps lie on the part of the Railway Recruitment Board and not upon the individual employees. Therefore, the writ petitions are dismissed. However, the Administration is given time up to 28th February, 2018 to relieve the respondents to enable them to join in their transferred places. To facilitate these applicants, the Railway Recruitment Board is directed to complete the process of recruitment by 31 January, 2018."
13. The coordinate Bench of this Tribunal, in its order in OA No.303/2022 dated 18th April, 2023 on similar facts and Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.03.23 12:38:19+05'30' Foxit PDF Reader Version: 2024.3.0 15 OA No.487/2025 circumstances and relying upon the judgment of the Hon'ble High Court of Judicature at Hyderabad in WP No.31544/2016 & Ors., passed the following directions:
"16. In view of the above, ends of justice would be met if a specific time of three months is given to the respondents with a direction to take necessary steps and relieve the applicants to the respective Divisions/Zones on IRRT and in the meanwhile, if NOC of any of the applicant expires, the same shall be extended."
14. In view of the above decision of the Hon'ble High Court of Judicature at Hyderabad and the order of the Hyderabad Bench of this Tribunal, the respondents are directed to take necessary steps to relieve the applicant so as to enable him to join at the Samastipur Division, East Central Railway on Inter-Railway request transfer within a period of three months from the date of receipt of a certified copy of this order. In case the NOC of the applicant has expired, the same shall be extended.
Digitally signed by Deepti Ganesh MunarshiDN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
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15. The decisions relied upon by the learned counsel for the respondents in Namrata Verma Vs. The State of Uttar Pradesh & Ors. (supra), S.K. Nausad Rahaman & Ors. Vs. Union of India & Ors., (supra) and Geetha V.M. & Ors. Vs. Rethnasenan K. & Ors (supra) do not help their cause. This is a case where the applicant's request for transfer has already been granted and only the relieving remains to be affected. It is not a case where the transfer is sought and is under consideration or has been rejected and, therefore, these decisions relied upon by the respondents have no bearing on the issue on hand.
16. The Original Application is allowed with the above directions. Pending MAs, if any, stand closed. No order as to costs.
(Sangam Narain Srivastava) Member (A) dm.
Digitally signed by Deepti Ganesh MunarshiDN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode= 400083, S=Maharashtra, SERIALNUMBER= Deepti Ganesh Munarshi 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2026.03.23 12:38:19+05'30' Foxit PDF Reader Version: 2024.3.0