Abhishek Gupta vs WESTERN RAILWAY on 5 November 2026

1. The General Manager

Western Railway,

Churchgate, Mumbai – 400 020.

2. The Divisional Railway Manager

Office of the DRM, Bhavnagar Para

Western Railway, Bhavnagar Para

Bhavnagar – 364 001.

3. Sr. Divisional Electrical Engineer

Office of the Sr.DEE (TRD)

Western Railway, Bhavnagar Para

Bhavnagar – 364 001.

4. The Chief Workshop Manager

Office of C.W.M.

Western Railway,

Dahod – 389 351………………………. Respondents

(By Advocate Ms. R.R. Patel, Mr. H.D.Shukla)

ORDER (ORAL)

Per: Hon’ble Shri Jayesh V Bhairavia, Member (J)

1. The applicant being aggrieved with the order dated 26.06.2026 (Annexure A/1) whereby his request to relieve him to join at promotional post of SSE (ELE) Pay Matrix Level-08, GP-4800 at Dahad Workshop (DHD) has not been acceded to by the Office of the P ANUKUMA

:2: OA No.120/450/2026

DRM, Bhavnagar Para, has filed the present OA seeking relief as prayed for in para 8 & 9 of the OA.

2. In support of the prayer sought by the applicant in this OA, the applicant has relied upon the RBE No.90 dated 01.08.2022 (Annexure A/6) whereby it has been categorically conveyed to all concern authority that the Railway Administration are required to take special care to ensure that the employees promoted are relieved without any undue delay so that they may join the new place of posting on promotion in time and do not suffer and monetary loss on this account. It was further observed that wherever the employees are not relieved even within three months of issue of promotion order, such cases must be put up to DRM or the Head of the Office and the Controlling Officer held responsible for not relieving the staff concerned.

3. In the present case, the applicant was promoted vide order dated 31.03.2026 to the promotional post of SSE (ELE) Pay Matrix Level-08, GP-4800 at Dahad Workshop (DHD). In spite of the three months has expired, the respondents did not relieve the applicant to join the promotional post. Therefore, he submitted representation dated 25.06.2026 and the same has not been acceded to vide impugned order dated 26.06.2026, which is utter violation of the binding instruction of the Railway Board.

4. Further, it is submitted that the representation of the applicant has been rejected by the respondents on the ground that various posts are lying vacant in SSE Level. Therefore, to relieve the applicant will impact the OHE maintenance activities and smooth & safe operation of trains. According to the learned counsel for the applicant, the said ground is not tenable. The respondents cannot deprive the applicant for his promotion and subsequent financial benefits. Since the respondents have not relieved the applicant, he has been put to huge financial damage which is not permissible in terms of the direction and instruction contained in Railway Board Instruction No.90 dated 01.08.2022 (Annexure A/6). P ANUKUMA

:3: OA No.120/450/2026

5. It is noticed that this Tribunal had issued notice to the OA and notice to the interim relief making returnable by 16.09.2026. On the next date of hearing i.e. 16.09.2026, the respondents requested for a short accommodation to file their reply. Thereafter, on various occasions, on the request of the Railways, the time was granted to file their reply. However, till date, no reply has been filed.

6. At this stage, Ms. R.R.Patel, learned counsel for the applicant submits that detailed reasons has been assigned in the impugned order which are very clear that due to shortage of the staff and for smooth & safe operation of the trains, the request of the applicant was not acceded to, which is just and proper and the applicant is not entitled for any relief sought for.

7. At the outset, it is required to mention that the Railway Board vide its instruction (RBE 90) dated 01.08.2022 directed to the concerned authority to take special care to ensure that the employees on promotion shall be relieved in time so that they do not suffer any monetary loss on this account.

8. By considering the various complaints received with regards to not allowing the employees to join their promotional post on the ground of administrative exigency, the Railway Board vide RBE No.90 dated 01.08.2022 came out with clear instruction and direction to the concerned authority that promottee employee is required to be relieved at the earliest and if he is not relieved within three months, his case is to be put up before the DRM or Head of Office and the Controlling Officer will be held responsible for not relieving the promottee. There is not refutal of the aforesaid communication as well as submission of the learned counsel for the respondents.

9. Under the circumstances, the ground assigned by the respondents in denying the request of the applicant to relieve him to join the promotional post on the ground on administrative exigency is not tenable. Thus, the impugned order suffers from legal infirmities and in our view, it is binding to the instruction of the Railway Board. Thus, we quash and set aside the impugned order dated 26.06.2026 (Annexure P ANUKUMA

:4: OA No.120/450/2026

A/1) and direct the respondents to relieve the applicant to join the promotional post as SSE (ELE) Pay Matrix Level-08, GP-4800 forthwith. The OA stands disposed of accordingly.

10. Direct service to the respondent Nos.2, 3 & 4 is permitted.

(Sanjiv Kumar)

(Jayesh V. Bhairavia) Member (A)

Member (J)

Nk P ANUKUMA