Chetram Meena vs SOUTH CENTRAL RAILWAY on 8 October 2026

ORAL ORDER

[As per Hon’ble Mr. Varun Sindhu Kul Kaumudi, Member (Admn.)]

By this OA, the applicant has sought the following relief:

“......to call for records pertaining to the order passed by Respondent No.2 in Proceedings No.SCR/P-NED/209.Comml. Cadre, dt.13.1.2026, and SCR/P-NED/657/DPG/CM/2026,dt. 20.02.2026, wherein Respondent No.2 has not agreed to relieve the applicant after calling for options and after its acceptance and declare the same is arbitrary and illegal and contrary to the orders passed by the higher authorities and violative of principles of natural justice and set aside the same,

ii) Consequently, direct the respondents 2 to 3 to relieve the applicant to enable him to join Jammu Division, Northern Railway, i.e. Respondent No.5 and

iii) and to pass such other order or orders as deemed fit and proper in the circumstances of the case.”

2. Facts of the case, in brief, are that:

i. The applicant had applied for transfer to the newly constituted Jammu Division (JAT Divn.) under the Northern Railway (NR), in response to NOTICE No.01/2025, dt.11.06.2025, of the NR, issued calling for willingness for posting in Jammu Divn. The applicant agreed to be transferred on permanent basis to the said Division. After considering the application and shortlisting the options, the applicant was selected and Respondent No.5 requested Respondent No.1 to relieve the applicant as his services were required stating that the division which he had opted for transfer is of national importance. GM, SCR/Respondent No.1, in turn, directed Respondent Nos.2 and 3 to relieve the applicant at the earliest. However, Respondent Nos. 2 and 3 rejected the request of the applicant on the ground of shortage of staff, which is not correct, according to the applicant. Hence, this OA.

ii. The applicant has challenged the legality and validity of the order passed by Respondent No.2 in proceedings No.SCR/P- NED/209.Comml.Cadre, dt.13.01.2026, and SCR/P-

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NED/657/DPG/CM/2026, dt.20.02.2026, wherein Respondent Nos.2 and 3, respectively, have not agreed to relieve the applicant despite acceptance of his option.

iii. Respondent No. 4 had called for options from among the Railway employees, for joining, on permanent basis, the newly formed Jammu (JAT) Division, as per the orders of the Railway Board, by Notice 1/2025, dt. 11.6.2025. Options once exercised were to be treated as final, if not withdrawn till the last date of submission of the option form, i.e.,04.07.2025. It was also mentioned that mere exercise of option did not necessarily give a right to the optees that transfer would be automatically effected.

iv. Option exercised by the applicant, was accepted by Respondent No. 5 after duly considering his case. It was followed by a request to Respondent No. 1 to relieve the applicant, who was working as Commercial Inspector. Respondent No.1, by the letter, dt. 16.12.2025, directed Respondent No3 to take immediate necessary action to relieve the applicant. Since there was a delay in relieving the applicant and other employees working under Respondent No.1, Respondent No.4 wrote a letter, dt. 19.12.2025, to the General Manager, South Central Railway/R-1, requesting him to take immediate action in the matter. It was also mentioned that, strategically, the JAT Division is critical for nation building. In turn, Respondent No.1 instructed other officials, on 31.12.2025,to relieve the selected employees at the earliest and furnish compliance report for apprising the position to the GM, Northern Railway, treating the matter as “MOST URGENT”.

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v. The applicant also made a representation to Respondent No.3 to relieve him, as per the orders of the GM, SC Railway, on 08.01.2026. Respondent No.3 did not take any action on the representation of the applicant. The applicant then made representations to the Principal Chief Personnel Officer on 20.01.2026 and the 1st Respondent on 12.02.2026. Respondent Nos.2 and 3 passed the impugned orders, dt. 13.01.2026 and 20.02.2026,respectively, stating that the competent authority had not agreed to relieve the applicant, due to shortage of staff.

vi. It is submitted that Respondent Nos.2 and 3 have relieved one Mr. Mukesh Kumar, on 04.02.2026, on spouse ground. The reason given in hiscase is not supported by the records as Respondent Nos.2 and 3 have reduced booking counters at Nanded, Parbhani, Jalna and Aurangbad from 6 to 2 and in view of the reduction in the number of booking counters, it is not correct to contend that due to shortage of staff, the applicant was not relieved.

vii. It is further submitted that 12 employees, in various fields, were selected from the South Central Railway and all other employees were relieved by the other divisions, except the applicant. Thus, the action of Respondent Nos.2 and 3 is discriminatory and violative of Article 14 of the Constitution of India.

3. Respondents have put in their appearance through their counsel and filed a reply statement wherein it is contended that-

i. The applicant, Shri Chetram Meena, is working as Commercial Supervisor/CPSN in the Commercial Department. He was appointed

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as Commercial Clerk through the RRB on 31.07.2006 in pay matrix level-3. He was promoted as Sr. Commercial Clerk on 13.04.2009 and further promoted to Pay Matrix Level-6 on 23.09.2011.

ii. Northern Railway had called for Options through the HRMS portal for joining, on permanent basis, in the newly formed Jammu (JAT) Division, on 11.06.2025.

iii. Respondents have mentioned that the applicant had applied for the Jammu Division, Northern Railway giving option through the HRMS, which was not routed through the proper channel, i.e., the controlling authority of the Division. Subsequently, he was shortlisted for the post of Commercial Inspector, vide DRM(P)/Jammu's Lr.No.E/MPP/Options/HRMS/JAT/2025, dt. 26.09.2025.

iv. The competent authority did not agree to sparing of staff and ordered that the status may be conveyed, duly mentioning the reasons. One employee, Sri Mukesh Kumar, TTI/NED, was relieved on 09.02.2026, on spouse ground on Inter Railway Request Transfer. He belongs to the ticket checking cadre of the Commercial Department on NED Division, which is a separate cadre. v. It is reiterated that the competent authority has not agreed to sparing the staff due to vacancies existing in the cadre. As there were 46 vacancies at that time (which has become 44 now), this office has communicated to Hqrs/SCR & Sr.DPO/JAТ, Northern Railway, that the applicant cannot be relieved, vide letter, dated 13.01.2026.

vi. It is contended that the Nanded Division has not relieved any employee to JAT Division on option. The following submission of the Respondents is noted -

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“The transfer is not right of any employee. Railway Board has facilitated this scheme subject to availability of vacancies and exigencies of services. The respondents are not denied the transfer of the applicant but it can be done only on improving the manpower position in technician cadre. The relieving of applicant without reliever increases the workload on existing employees and also this becomes precedence to other employees for getting relief.”

vii. Respondents have prayed to dismiss the OA as it lacks any factual or legal basis.

4. Heard learned counsels for the parties and perused the material available on record.

5. It is noted that there seems to be an element of grudge against the applicant in the submission that he has submitted the option form through the HRMS, without the approval of the competent authority. The “NOTICE FOR CALLING WILLINGNESS FOR POSTING IN JAMMU DIVISION/ HQ” (NOTICE NO.01/2025) calling option from permanent Non-gazetted Railway employees for joining Jammu Division HQ of Northern Railway, was issued through the HRMS, with the approval of the competent authority with the following direction: “2(ii).Willing permanent employees from Indian Railways are requested to apply for joining Jammu Division HQ through HRMS only. Last date for submitting options is 4th July 2025.”

In fact, copies of the notification are marked to various authorities, including the Secy., RB, New Delhi, and the GM‟s of the Zonal Rlys. Thus, we cannot look upon the option exercised by the applicant as an irregular or unwarranted act.

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6. It is seen from para 6 of the notification as well as point (5) in the Declaration in Annexure-I to the notification that, after the cadre in Jammu Division is formally closed, requests for transfer will be on „Own Request Basis‟. Thus, not being relieved, having been shortlisted and having secured the approval of the GM/SCR to be relieved, will be visited by certain disadvantages, in the matter of shifting to another zone/ division, which would not apparently happen if his option is upheld and he is relieved to join the Jammu Division in the Northern Railway as per the present Notice.

7. It is significant that the Respondents have not shut the door on the point of the applicant‟s relief, as seen at Para 3(vi) above. The overall number of vacancies is reported to have declined from 46 to 44. One Neeraj Kumar, CCTC, Nanded Divn., has already conveyed his unwillingness, as he is promoted to L-5 from L-3 in SCR. It is, therefore, directed that, if the actual vacancy position in the cadre of the applicant is not critically low, his case may be considered and orders for relief be issued, as directed by the GM/Rlys, vide his letter, dt.31.12.2025, keeping the interests of the department in view, within two months from the date of receipt of a copy of the order.

8. The OA is disposed of in the above terms. No order as to costs.

(VARUN SINDHU KUL KAUMUDI)

(MANISH GARG) ADMINISTRATIVE MEMBER JUDICIAL MEMBER

/Evr/

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