Sub:-transfer 1 Original Applications Nos.

203/633,638,641,642,643,
644,645,730,731,733,754/2017

Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR

Original Applications Nos.

203/633,638,641,642,643,644,645,730,731,733,754/2017
Jabalpur, this Tuesday, the 24th day of July, 2018

HON’BLE SHRI NAVIN TANDON, ADMINISTRATIVE MEMBER

HON’BLE SHRI RAMESH SINGH THAKUR, JUDICIAL MEMBER

(1) ORIGINAL APPLICATION NO. 203/00633/2017

Nitish Kumar S/o Shri Akhilesh Kumar Ray,
Aged about 32 years, Working as AA/SECR/BSP,
R/o Near Satbahaniya Mandir, Bilaspur (C.G.)-495004 -Applicant
(By Advocate –Shri [Link])

Versus
1. The Secretary, Railway Board,
Ministry of Railways, Rail Bhawan,
Raisena Road, Rafi Marg, New Delhi-110001

2. Union of India, through the General Manager,

South East Central Railway, New GM Building,
Bilaspur, Chhattisgarh-495004

3. Chief Personnel Officer, H/Q Personnel Department,

First Floor, GM Office, South East Central Railway,
Bilaspur (CG)-495004

4. FA&CAO (G), South East Central Railway,

Bilaspur (C.G.)-495004 -Respondents
(By Advocate –Shri Vivek Verma)
(2) ORIGINAL APPLICATION NO. 203/00638/2017
Ram Sagar Prasad, S/o Shri Sita Ram Sao,
Aged about 40 years, Working as AA/SECR/BSP,
R/o Hemunagar, Bilaspur (CG)-495004 -Applicant
(By Advocate –Shri [Link])

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Versus
1. The Secretary, Railway Board,
Ministry of Railways, Rail Bhawan,
Raisena Road, Rafi Marg, New Delhi-110001

2. Union of India, through the General Manager,

South East Central Railway, New GM Building,
Bilaspur, Chhattisgarh-495004

3. Chief Personnel Officer, H/Q Personnel Department,

First Floor, GM Office, South East Central Railway,
Bilaspur (CG)-495004

4. FA&CAO (G), South East Central Railway,

Bilaspur (C.G.)-495004 -Respondents
(By Advocate –Shri Vivek Verma)

(3) ORIGINAL APPLICATION NO. 203/00641/2017

Randhir Kumar S/o Shri Mahesh Prasad Singh,
Aged about 29 years, working as AA/SECR/BSP
R/o Janak Dulari Bhawan, Gurunanak Chowk,
Torwa Bilaspur (CG)-495004 -Applicant
(By Advocate –Shri [Link])

Versus
1. The Secretary, Railway Board,
Ministry of Railways, Rail Bhawan,
Raisena Road, Rafi Marg, New Delhi-110001

2. Union of India, through the General Manager,

South East Central Railway, New GM Building,
Bilaspur, Chhattisgarh-495004

3. Chief Personnel Officer, H/Q Personnel Department,

First Floor, GM Office, South East Central Railway,
Bilaspur (CG)-495004

4. FA&CAO (G), South East Central Railway,

Bilaspur (C.G.)-495004 -Respondents
(By Advocate –Shri Vivek Verma)

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(4) ORIGINAL APPLICATION NO. 203/00642/2017

Prem Kumar S/o Shri Bhola Nath Kumar,
Aged about 41 years, working as AA/SECR/BSP,
R/o Flat No. 306, Narayani Tower, Hemunagar,
Bilaspur (CG)-495004 -Applicant
(By Advocate –Shri [Link])

Versus
1. The Secretary, Railway Board,
Ministry of Railways, Rail Bhawan,
Raisena Road, Rafi Marg, New Delhi-110001

2. Union of India, through the General Manager,

South East Central Railway, New GM Building,
Bilaspur, Chhattisgarh-495004

3. Chief Personnel Officer, H/Q Personnel Department,

First Floor, GM Office, South East Central Railway,
Bilaspur (CG)-495004

4. FA&CAO (G), South East Central Railway,

Bilaspur (C.G.)-495004 -Respondents
(By Advocate –Shri Vivek Verma)
(5) ORIGINAL APPLICATION NO. 203/00643/2017
Upendra Kumar, S/o Late Arjun Sharma,
Aged about 33 years, Working as AA/SECR, BSP,
R/o Zeenat Vihar, Phase No.2, Bilaspur (CG)-495004 -Applicant
(By Advocate –Shri [Link])

Versus
1. The Secretary, Railway Board,
Ministry of Railways, Rail Bhawan,
Raisena Road, Rafi Marg, New Delhi-110001

2. Union of India, through the General Manager,

South East Central Railway, New GM Building,
Bilaspur, Chhattisgarh-495004

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3. Chief Personnel Officer, H/Q Personnel Department,

First Floor, GM Office, South East Central Railway,
Bilaspur (CG)-495004

4. FA&CAO (G), South East Central Railway,

Bilaspur (C.G.)-495004 -Respondents
(By Advocate –Shri Vivek Verma)
(6) ORIGINAL APPLICATION NO. 203/00644/2017
Ranjan Kumar S/o Late Shri Vinod Pandit,
Aged about 33 years, Working as AA/SECR/BSP,
R/o Vivekanand Colony, Bilaspur (C.G.)-495004 -Applicant
(By Advocate –Shri [Link])

Versus
1. The Secretary, Railway Board,
Ministry of Railways, Rail Bhawan,
Raisena Road, Rafi Marg, New Delhi-110001

2. Union of India, through the General Manager,

South East Central Railway, New GM Building,
Bilaspur, Chhattisgarh-495004

3. Chief Personnel Officer, H/Q Personnel Department,

First Floor, GM Office, South East Central Railway,
Bilaspur (CG)-495004

4. FA&CAO (G), South East Central Railway,

Bilaspur (C.G.)-495004 -Respondents
(By Advocate –Shri Vivek Verma)
(7) ORIGINAL APPLICATION NO. 203/00645/2017
Bikash Kumar S/o Shri Ramswarup Sharma,
Aged about 35 years, Working as AA/SECR/BSP,
R/o Flate No. 311, Narayani Tower, Hemunagar,
Bilaspur (C.G.)-495004 -Applicant
(By Advocate –Shri [Link])

Versus
1. The Secretary, Railway Board,
Ministry of Railways, Rail Bhawan,
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Raisena Road, Rafi Marg, New Delhi-110001

2. Union of India, through the General Manager,

South East Central Railway, New GM Building,
Bilaspur, Chhattisgarh-495004

3. Chief Personnel Officer, H/Q Personnel Department,

First Floor, GM Office, South East Central Railway,
Bilaspur (CG)-495004

4. FA&CAO (G), South East Central Railway,

Bilaspur (C.G.)-495004 -Respondents
(By Advocate –Shri Vivek Verma)
(8) ORIGINAL APPLICATION NO. 203/00730/2017
Manoj Kumar S/o Shri Ashok Prasad,
Working as Chief Commercial Clerk/SECR/Tumsar Road,
Aged about 32 years, O/o Tumsar Road Booking Office,
Distt-Bhandara (M.H.) 441913, 9752878958 -Applicant
(By Advocate –Shri [Link])

Versus
1. The Secretary, Railway Board,
Ministry of Railways, Rail Bhawan,
Raisena Road, Rafi Marg, New Delhi-110001

2. UOI, through the General Manager,

South East Central Railway, New GM Building,
Bilaspur, Chhattisgarh-495004

3. Chief Personnel Officer, H/Q Personnel Department,

First Floor, GM Office, South East Central Railway,
Bilaspur (CG)-495004

4. Assistant Personnel Officer, South East Central Railway,

Divisional Office, Personnel Department, Kings way,
Nagpur (M.H.)-440001 -Respondents
(By Advocate –Shri Vivek Verma)
(9) ORIGINAL APPLICATION NO. 203/00731/2017
Rajeev Ranjan Rakesh, S/o Shri Surendra Kumar,

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Working as Chief Commercial Clerk/ SECR/Dongargarh,

Aged about 32 years, O/o Dongargarh Booking Office,
SECR, Dongargarh, District-Rajnandgoan, Chhattisgarh-491445
9752878958 -Applicant
(By Advocate –Shri [Link])

Versus
1. The Secretary, Railway Board,
Ministry of Railways, Rail Bhawan,
Raisena Road, Rafi Marg, New Delhi-110001

2. UOI, through the General Manager,

South East Central Railway, New GM Building,
Bilaspur, Chhattisgarh-495004

3. Chief Personnel Officer, H/Q Personnel Department,

First Floor, GM Office, South East Central Railway,
Bilaspur (CG)-495004

4. Assistant Personnel Officer,

South East Central Railway,
Divisional Office, Personnel Department, Kings Way
Nagpur (M.H.)-440001 -Respondents
(By Advocate –Shri Vivek Verma)
(10) ORIGINAL APPLICATION NO. 203/00733/2017
Sohan Dev, Aged about 32 years, S/o Shri Pancham Singh,
Presently working as Goods Guard, Under CSM/Shahdol,
R/o Qtr. No. 99/1,Railway Colony Shahdol,
Madhya Pradesh, 484001, Mobile No. 9752598126 -Applicant
(By Advocate –Shri [Link])

Versus
1. The Secretary, Railway Board,
Ministry of Railways, Rail Bhawan,
Raisena Road, Rafi Marg, New Delhi-110001

2. Union of India, through the General Manager,

South East Central Railway, New GM Building,
Bilaspur, Chhattisgarh-495004

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3. Chief Personnel Officer, H/Q Personnel Department,

First Floor, GM Office, South East Central Railway,
Bilaspur (CG)-495004

4. Sr. Div. Personnel Officer, South East Central Railway,

Bilaspur, Chhattisgarh-495004 -Respondents
(By Advocate –Shri Vivek Verma)
(11) ORIGINAL APPLICATION NO. 203/00754/2017
Sanjay Kumar S/o Shri Kailash Prasad,
Working as Dy. SS/SECR/DGG, aged about 40 years,
O/o Station Superintendent Dongargarh, District Rajnandgoan,
Chhattisgarh-491445, 7049795471 -Applicant
(By Advocate –Shri [Link])

Versus
1. The Secretary, Railway Board,
Ministry of Railways, Rail Bhawan,
Raisena Road, Rafi Marg, New Delhi-110001

2. UOI, through the General Manager,

South East Central Railway, New GM Building,
Bilaspur, Chhattisgarh-495004

3. Chief Personnel Officer, H/Q Personnel Department,

First Floor, GM Office, South East Central Railway,
Bilaspur (CG)-495004

4. Assistant Personnel Officer, South East Central Railway,

Divisional Office, Personnel Department, Kings Way,
Nagpur (M.H.)-440001 -Respondents
(By Advocate –Shri Vivek Verma)
(Date of reserving the order:-20.07.2018)

COMMON ORDER

By Navin Tandon, AM:-

The issue involved in all the Original Applications is the

same. Hence, these are disposed off in a common order. The facts,

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stated in Original Application No. 203/00641/2017 are being

mentioned here.

2. The applicant(s) are aggrieved by the fact that their

applications for Inter Railway Transfer (IRT) have been cancelled

by South East Central Railway (SECR) vide orders dated

22.09.2015 (Annexure A-1).

3. The undisputed facts of the case are that the applicant had

applied for IRT to East Central Railway (ECR) after completing

the required minimum time spent in SECR and the application was

forwarded to ECR. No objection was received from ECR vide

letter dated 13.08.2015 (Annexure A-2).

3.1 Meanwhile, Railway Board issued Comprehensive Transfer

Policy for Railway Officers on 31.08.2015 (Annexure A-3) which

mentioned

“(xi) In terms of Para 124 of IREC, Vol. I, GMs have full

powers to make rules with regard to non-gazetted Railway
Servants. No change is recommended. Maximum tenure on
sensitive posts will, however, be 4 years. In case of non-
gazetted Railway employees, no inter railway transfer
request will be considered till completion of 5 years of
joining Railway.”

3.2 Consequently, SECR issued instructions dated 22.09.2015

(Annexure A-1), as under:-

“2. All the applications received before the issue of this

circular and have been forwarded to Headquarter, registered
or not registered and forwarded or not forwarded to Other
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Railways stand automatically cancelled if they have not yet

completed 5 years of service in the working post after
training as on 31.08.2015. The affected Railway employees
may apply on completion of 5 years service on working post,
after training, which will be considered as per circular dated
29.12.2014. In those cases, where the IRT application has
already been forwarded to other Railway and approval have
been received of likely to be received may also be treated as
cancelled for those who have not completed 05 yers service
as on 31.08.2015.”

3.3 As a result, the request of IRT of the applicant was treated as

cancelled.

4. The following relief has been sought for by the applicant in

this Original Application:-

“8. Relief Sought :

(8.1) That the learned Tribunal may kindly be pleased to call
the entire records pertaining to the case of the applicant.

(8.2) That, the Hon’ble Tribunal may kindly be pleased to

quash the impugned order no.
SECR/HQA/ADMN/CC/203/995/2016/333 and order no.
SECR/HQA/ADMN/CC/203/143/2017/334 dated
03.05.2017 (Annexure A-1).

(8.3) That, the Hon’ble Tribunal may kindly be pleased to

hold that the policy dated 31.08.2015 and 22.09.2015
operate prospectively.

(8.4) That, the Hon’ble Tribunal may kindly be pleased to

quash the policy dated 22.09.2015 to the extent that it
automatically cancels the approved cases of Inter Railway
Transfer of the applicants who have not completed five years
of service as on 31.08.2015 being arbitrary and illegal.
(8.5) That, the Hon’ble Tribunla may kindly be pleased
direct the respondent SECR to relieve the applicant to the
requested railway.

(8.6) Cost of the petition be awarded to the applicant.

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(8.7) Any other relief which the learned Tribunal deems fit
and proper may be awarded.”

5. The respondents have submitted that the applicant had not

completed 5 years as on 31.08.2015. Therefore, his application was

cancelled as per rules.

5.1 The respondents have averred that IREC Vol. I specifies

power to frame rules (extracts in Annexure R-2) as under:-

“Power to Frame Rules:-

123. The Railway Board have full powers to make rules of general
application to Group C and Group D railway servants under their
control.
124. The General Managers of Indian Railways have full powers to
make rules with regard to railway servants in Group C & D under
their control provided they are not inconsistent with any rules made
by the President or the Ministry of Railways.”

5.2 Therefore, respondent No.2 is competent to frame such rules

for Group C and Group D employees. Annexure A/1 has been

issued in exercise of those powers.

6. The applicant had approached this Tribunal in Original

Application No. 203/00995/2016, wherein discrimination against

the applicant was alleged in that one similarly placed employee

was released on IRT. The respondents in their speaking order, as

per direction of this Tribunal, had stated that the said employee’s

case was considered by the competent authority on out of turn basis

as an exceptional case not to be quoted as precedent.

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7. Heard the counsels of both the parties and pleadings

available on record.

8. Though, neither the applicant nor the respondents have spelt

out the minimum time required to be spent at SECR before IRT

could be applied prior to 31.08.2015, it is understood to be three

years as informed during argument stage.

9. Considering the fact that as on 31.08.2015 the applicant had

completed working for three years in SECR, it can safely be stated

the applicant has now completed five years. Therefore, his case is

eligible to be considered for IRT at present.

10. Learned counsel for the applicant submits that the

instructions of Railway Board and SECR should have been applied

prospectively, and the date of registration should be considered as

the old one. He places reliance on the orders dated 10.08.2016

(Annexure A/9) of Ernakulam Bench of this Tribunal in case of

Wasnik Harshavardhan Tarachand vs. The General Manager,

Southern Railway in O.A. No. 180/00561/2016.

11. He also submits that the applicant could not apply for IRT

after completion of 5 years as the present O.A. was pending.

12. Our Coordinate Bench at Ernakulam have concluded in

Wasnik Harshwardhan Tarachand (Supra) that, “ it is clear that

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Annexure R-6 instructions of the Railway Board in relation to the

residency period of five years is applicable only after 31.08.2015.”

13. Learned counsel for the respondents reiterated that

cancellation of the application for IRT was as per rules framed by

the competent authority. Therefore, the O.A. should be dismissed.

14. We have considered all the arguments. Giving due respect to

the orders of our co-ordinate Bench of Ernakulam, we have come

to the conclusion that instructions of Railway Board should not

have been applied retrospectively.

15. Accordingly, the Original Application is allowed and we

direct the respondents that the application for IRT of the applicant

should be restored to its original position. We make it clear that

this relief is granted only to the applicant(s) before us. No costs.

(Ramesh Singh Thakur) (Navin Tandon)

Judicial Member Administrative Member
rn

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