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Dated 23.7.97 Sub: Calling of opinions from staff to serve in the Headquarters of the New Railway ZonesDetermination of seniority of staff on transfer to the new Zones.

Reference this Ministry's letter of even number dated 6.12.1996 as modified by their letters dated 21.3.97 and 5.5.97.

2. In terms of Para 2.2 of this Ministry's letter of even number dated 6.12.96 as amended by their letter dated 21.3.97 such of the staff working in the workshops and stores Depots as are borne in the Headquarters seniority and Divisional seniority are eligible to exercise option for being transferred to the headquarters offices of the respective new Zonal Railways. The question whether all staff in Workshops and Stores Depots irrespective of the seniority units in which they are borne should be allowed option for being transferred to the new Zonal Railways has been considered by the Board. It has been decided, in partial modification of the instructions contained in this Ministry's letter of even number dated 6.12.96 as modified by their letter dated 21.3.97 that the staff of extra-Divisional units including the staff working in the workshops and stores Depots located in the territorial jurisdiction of affected Divisional irrespective of the seniority units they are borne in, may be allowed the option for being transferred to the respective new Zonal Railways alongwith staff covered in Para 2(iii) of this Ministry's letter of even number dated 6.12.96.

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Hindi version will follow.

Dated 20.8.97 Sub: Calling of options from staff to serve in the Headquarters of the New Railway ZonesDetermination of seniority of staff on transfer to the new Zones.

Reference this Ministry's letter of even number dated 6.12.96 as modified by their letter dated 21.3.97, 5.5.97 and 23.7.97 on the above subject.

2. In the discussion the Board had with OSDs of the new Zonal Railways on 5.5.97, it was inter alia decided that the lien of the staff proceeding on transfer to the new Zonal Railways should not be transferred for the prospect. In this connection attention is invited to Para 6 of this Ministry's letter of even number dated 6.12.96 in terms of which the staff transferred to the new Zonal Railways will continue to progress in their parent Railway till the new Zonal Railways become operational. The Board desire that these instructions should be strictly adhered to.

(i) No addition will be made in the sanctioned and operated strength of staff in the existing Zonal Headquarters with immediate effect.
(ii) The sanctioned strength of posts of the existing Zonal Headquarters will be reduced by the percentage indicated against each and the same will be transferred to the new Zonal Headquarters offices as further indicated against each, in the following manner:
________________________________________________________________ Existing Reduction in Extent of posts identified Raiways the strength in Col. 3 for transfer to be of HQ staff transferred to new Zonal Railways.

23. As regards the junior one Shri Ajay Kumar's transfer, the departmental representative explained that, that transfer is not in response to the options called for but is "on his turn on priority" as contained in the very transfer order. I could find substance in the submission made on behalf of respondents. Though two transfer orders emanated on the same day, i.e. 31.03.2003, the preambular statement of the respective letters clinches the issue. One relating to transfer under the Zonal Railway fully refers to the various notifications/letters of the Board etc., while the other is a normal transfer order simpliciter with a special mention, as stated above, "on his turn on priority". Hence, even the hostile discrimination alleged in respect of one of the applicants does not have a proper base. In case the applicant had also applied under the priority quota but had been discriminated, the same could be agitated through a separate O.A. an this O.A. relates only in respect of transfer under the Zonal Railway Creation and the rules thereunder.