Abhilash Kumar vs SOUTH CENTRAL RAILWAY on 28 October 2026

ORAL ORDER

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

By this OA, the applicant has sought the following relief: "i) In view of the above facts and in the interest of justice it is humbly prayed that the Hon’ble Tribunal may be pleased to declare the inaction of the respondent No.1 and 2 in relieving the applicant to enable him to join in Varanasi Division, North Eastern Railway, Varanasi i.e. Respondent No.3 herein on Inter Railway Request Transfer and the said action is arbitrary and illegal and contrary to Rules and contrary to the decisions of the Hon’ble High Court and Hon’ble Tribunal and violative of Articles 14, 16 and 21 of the Constitution of India and set aside the same, and

ii) Consequently, direct the respondents 1 to 2 to relieve the applicant to join Varanasi Division, North Eastern Railway, Varanasi i.e. Respondent No.3 herein on Inter Railway Request Transfer and;

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

2. When the matter came up for admission, learned counsel for the applicant has produced the orders passed by this Tribunal in OA/2281/2024 vide Order, dated 04.12.2024, according to which, the matter is no longer res integra. In the present case also, it is found that the NOC has already been granted by Respondent No.3 on 10.10.2025 and the request transfer is covered under the departmental rules. As per RBE Circular No.39/2024, dated 03.05.2024, the validity period of NOC for transfer has been extended from six months to one year, and the NOC granted on 10.10.2025 was, therefore, valid up to 10.10.2026. It is stated that the applicant made a representation dated 09.09.2026 to Respondent No.2, seeking relief before g y g y DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No. 05-10-193, 1st Floor, HACA

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the expiry of the NOC validity, and that the said representation is pending. Learned counsel for the applicant submits that the Hon’ble High Court of Telangana has already examined all the grounds in W.P. No.11551/2019 & batch, in their Order, dt. 20.04.2021, in similar cases.

3. Mrs. B. Gayatri Varma, learned Senior Standing Counsel for the Respondents, appears and takes notice on behalf of the respondents. She requests time to seek further instructions in the matter.

4. Heard both sides and perused the order passed by this Bench in OA/2281/2024, vide order, dated 04.12.2024. The direction given in the said order reads as under: "4. However, this Tribunal has already passed orders in identical matters. It is worth noting that the view taken by the Single Bench as well as the DB during hearing, is identical and we cannot deviate from it in similar matters. Therefore, it is ordered that, if the applicant fulfils the stipulated criteria, respondents shall consider his request, as per his turn, while looking after the interest of the organisation. The NOC shall be deemed to be valid till a decision, in regard to relieving of the applicant, is taken. Appropriate orders may be issued within a period of two (2) months from the date of receipt of a copy of this order.

5. With the above observations, the OA stands disposed of, at the admission stage. However, there shall be no order so as to costs."

5. After perusal of the records, it is seen that the issue involved in the present O.A. has already been dealt with by this Tribunal and is squarely covered by the Order, dated 04.12.2024, passed by this Tribunal in O.A./2281/2024 supra. Therefore, on similar lines and in the light of the said order, if the applicant fulfils the stipulated criteria, respondents are g y g y DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No. 05-10-193, 1st Floor, HACA

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directed to consider his request for Inter Railway Request Transfer to Varanasi Division, North Eastern Railway, as per his turn, while looking after the interest of the organization. The NOC shall be deemed to be valid till a decision, in regard to relieving of the applicant, is taken. Appropriate orders may be issued within a period of two (2) months from the date of receipt of a copy of this order. Accordingly, the O.A. is disposed of, at the admission stage. No order as to costs.

(VARUN SINDHU KUL KAUMUDI) (MANISH GARG) ADMINISTRATIVE MEMBER JUDICIAL MEMBER

/pv/ g y g y DN: C=IN, O=Central Administrative Tribunal, OU=Central Administrative Tribunal Hyderabad Bench, PostalCode=500004, L=Hyderabad, S=Telangana, STREET="No. 05-10-193, 1st Floor, HACA

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