Pratikkumar 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. EMU Workshop, Mahalaxmi

Mumbai – 400 011. …….…………………. Respondents (By Advocate Ms. R.R. Patel)

ORDER (ORAL)

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

1. The applicant being aggrieved by the inaction on the part of the respondents whereby he has not relieved to join the post of SSE (ELE) Pay Matrix Level-08, GP-4800 in the Electrical Department of EMU P ANUKUMA

:2: OA No.120/452/2026

Workshop at Mahalaxmi, Mumbai vide order dated 03.08.2026 (Annexure A/1), 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 learned counsel for the applicant has relied upon the RBE No.90 dated 01.08.2022 (Annexure A/4) 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 03.08.2026 (Annexure A/1) to the promotional post of SSE (ELE) Pay Matrix Level-08, GP-4800 in the Electrical Department of EMU Workshop at Mahalaxmi, Mumbai.

4. During the course of arguments, learned counsel Mr. M.S.Trivedi for the applicant pointing out to the averment made in the OA submits that in spite of the repeated oral request made to the concerned authority and after the expire of the three months time from the date of issuance of the promotional order, the respondents has not relieved the applicant till date. He further submits that in identical case i.e. in OA No. 450/2026, the Tribunal has rejected the plea of the respondents and by relying upon the RBE No.90 dated 01.08.2022, directed the respondents to relieve the applicant forthwith to join the promotional post at transfer place.

5. According to the learned counsel for the applicant, the respondents cannot deprive the applicant for his promotion and subsequent financial benefits. Since the respondents have not relieved the applicant, he has P ANUKUMA

:3: OA No.120/452/2026

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/4).

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 of the OA No.450/2026 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, after going through the facts and ground made in the OA No.450/2026, we are of the opinion that this OA is squarely covered by the said OA. Thus, the respondents are directed to relieve P ANUKUMA

:4: OA No.120/452/2026

the applicant to join the promotional post as SSE (ELE) Pay Matrix Level-08, GP-4800 in the Electrical Department of EMU Workshop at Mahalaxmi, Mumbai. 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