SANJEEV KUMAR vs RAILWAY BOARD on 30 October 2026

CENTRAL ADMINISTRATIVE TRIBUNAL PATNA Order Sheet Item no.: 23 O.A./691/2026 (PATNA) [ TRANSFER ] Court No.: 1 No of Adjournment: 1 Order Dated: 30/10/2026 SANJEEV KUMAR Vs RAILWAY BOARD

For Applicant(s) Advocate : Mr. S. K. Bariar For Respondent(s) Advocate : Mr. A. K. Mantu, ASC Order of The Tribunal Learned counsel for the parties are present and heard. The present case is fixed for filing of the written statement as well as reply to the interim relief application, which have not yet been filed. Counsel for the Opposite Party submits that the written statement is under preparation and shall be filed within a period of three weeks. Heard counsel for the applicant on the prayer for interim relief, as made in paragraph 9 of the Original Application, vide which the applicant prays that the respondents may be directed not to fill up the post of Senior Health Inspector at Hajipur Railway Colony, Hajipur, under Sonpur Division, Sonpur.

It is contended on behalf of the applicant that, in terms of paragraph 5 of the letter dated 19.08.2025, the applicant had exercised his negative option to remain in Sonpur Division and, accordingly, he is entitled to be posted in the said Division. However, the authorities have not considered his option and are proceeding to fill up the post in Sonpur Division by appointing another person. Per contra, counsel for the Opposite Party submits that one Health Inspector, namely, Mr. Alok Kumar, was transferred from Katihar Division and reported at Hajipur on 27.06.2026 on spouse grounds. Since no post of Health & Malaria Inspector was vacant/available in Danapur Division, the said Mr. Alok Kumar was ordered to be posted as Health & Malaria Inspector in SEE Division on bottom seniority. It is further submitted that Mr. Alok Kumar has joined at Hajipur Railway Colony on 29.10.2026 and, consequently, no vacancy is presently available. We have considered the rival submissions made by counsel for the parties and perused the material available on record. In view of the submissions made on behalf of the Opposite Party regarding the joining of Mr. Alok Kumar and the consequent non- availability of any vacancy, we do not find any ground to grant the interim relief sought by the applicant at this stage. Accordingly, the prayer for interim relief is declined.

As prayed for, counsel for the Opposite Party is granted three weeks' time to file the written statement. List this case on 15.12.2026.

KUMAR RAJESH CHANDRA Member (A) Justice Narendra Kumar Johari Member (J) Sonali Lal ( court master )