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HON'BLE SMT. K. NOORJEHAN, ADMINISTRATIVE MEMBER As identical facts and common legal points are involved in these two Applications, they were heard together and are being disposed of by this common order.

2 The applicants are aggrieved by refusal of the respondents to post them to Palghat Division on completion of training as Traffic Apprentices.

3 The applicant was initially appointed as Assistant Station Master on 3.6.99 at Chennai Division and later promoted as Station Master Grade-III. He applied for a mutual transfer with one Shri Senthil Kumar ASM, Palghat Division which was accepted and he was transferred to Palghat Division on reversion as ASM which he joined in 2004 and was posted as ASM, Ingur. Thereafter he had also made a  request for transfer from Ingur to Shornur/Kanjikode/Mangalore (A-4) which was registered. While working at Ingur, in response to Annexure A-1 notification applicant volunteered for the selection for the post of Traffic Apprentice, he was selected being No.2 in the merit list, and is undergoing training. Now the applicant has understood that his request for transfer to Shornur/Kanjikode/Mangalore (A-4) which was already registered was cancelled consequent on his selection as Traffic Assistant. The training of the applicant is likely to be completed by September 2009, he is entitled to be posted as SM/Traffic Inspector- Grade-II in Palghat Division. While so the 5th respondent has issued A7 that he will be absorbed permanently in Salem Division only. Aggrieved by the order he has filed this O.A quash A-7 to the extent it specifies that he will be posted to Salem Division permanently and to declare that he is entitled to be absorbed in Palghat Division as SM/Traffic Inspector/Grade-II. He has raised the grounds that A-1 notification clearly indicated that the selection to the post of Traffic Apprentice was conducted on Divisional basis to fill up the vacancies of Palghat Division against 10% LDCE quota from amongst serving employees of Traffic Department and that the selected employees will be absorbed in the working post of SM/Traffic Inspector/Grade-II in Palghat Division itself, the applicant being No.2 in the panel is entitled to be absorbed in Palghat division itself in preference to his juniors in the panel, he joined Palghat Division on mutual transfer on reversion losing his seniority with the intention of remaining in Palghat Division, he had not opted for Salem Division, he was selected as Traffic Apprentice while working at Ingur Station cannot be the criterion to decide the Division and that the merit in the panel of Traffic Apprentices sould have been the criterion in deciding the division. The applicant is aggrieved by the  refusal of the respondents to post him to Palghat Division on completion of his training as Traffic Apprentice 4 The respondents filed reply statement opposing the O.A. They submitted that the applicant volunteered to be appointed as Traffic Apprentice against 10% LDCE quota while he was working as ASM,Ingur and that he registered his name for transfer to Shornur /Kanjikode / Mangalore. He stood second in the select list and that he was selected and is undergoing training. After the formation of the SA division the registration for transfer to PGT Division has been maintained. The applicant's request to PGT Division was cancelled consequent on his selection as Traffic Apprentice. The applicant's name does not find a place in the list of employees of SA Division whose lien is maintained in Palghat Division. The applicant who was working in the territorial jurisdiction of the Salem Division will be deemed to have automatically transferred to Salem Division unless the staff opt out of Salem Division and choose to go back to their parent division. Moreover as per order of the Tribunal in O.A.413/2008 dated 14.10.20089 SMs undergoing training against LDCE quota of SA Division on completion of two years are to be taken on PGT Division. If the applicant had remained as ASM without joining the training course his case would have been considered for transfer to PGT Division based on his earlier registration for transfer.

5 The applicant while working as ASM in Waltair Division of East Coast Railway has requested for a posting to his home division due to his family problems. Finally he was fortunate to get a mutual transfer to Palghat Division in the lower cadre ofASM . He joined the Palghat Division as ASM on 1.10.2004 and was posted to Lalapet. He has submitted a representation for a transfer to Chullimad/ Kottekadu / Lakkidi, his choice stations which was registered. While so he qualified in the examination for promotion as Traffic Apprentice and was directed to undergo 2 years training. In the mean time the new Salem Division was formed. It is understood that the request of the applicant was cancelled consequent on his selection for the training and appointment as Traffic Apprentice. Since the station at which he was working at the time of selection is now in the newly formed Salem division he would be posted in Salem Division permanently without getting any options from him and against his will. The applicant has foregone his seniority and joined a lower post for being posted to Palghat Division. He, aggrieved by the refusal of the respondents to post him to Palghat division on completion of his training as Traffic Apprentice has filed this application on more or lesss similar grounds as in the case of O.A. 79/09.

7 We find that the applicants ASMs working in Chennai/Waltair Division of East Cost Railway Division, sought a transfer to Palghat Division on mutual grounds and were accordingly transferred to Palghat Division and posted at Ingur/Lalapet Stations. We further notice that selection to the post of Traffic Apprentices was conducted for Palghat Division before Salem Division Division was formed. Salem Division was established during the training period of the Traffic Apprentices. The respondents have taken a decision that the field staff presently working in the territorial jurisdiction of the proposed  Salem Division will be deemed to have automatically been transferred to Salem Division unless such of those staff opt out of Salem Division and choose to go back to their parent Division. The request registered by the applicants for transfer to PGT Division has been cancelled due to their selection as Traffic Apprentice. The respondents should have obtained option from the trainees. The applicants have not been given an opportunity to make option. Neither were they aware of the cancellation of their requests for various stations in Kerala State of Palghat Division. They pointed out that on formation of Salem Division Procedure order No.1 Establishment matters (Annexure R-4) was issued. The relevant portions are extracted below:

12 Based on the foregoing discussion, we are of the view that the O.A. succeeds. Accordingly, we quash and set aside Annexure A-10 and declare that the applicant is entitled to be posted in Palghat Division after completion of the Traffic Apprentice training in preference to others in the select list.

9 In this view of the matter, we are of the opinion that these O.As. can be allowed with identical direction to the respondents quashing the impugned orders. Accordingly we allow the O.A.s and quash Annexure A-7 in O.A. 79/09 and A-1 in O.A. 487/09 and declare that the applicants are entitled to be posted to Palghat Division. We direct the respondents to declare the posts of Traffic Apprentices earmarked for Palghat Division and obtain the choice of Division of the trainee Traffic Apprentices and post them in Palghat Division on the basis of their rank in the select list. There shall be no order as to costs.