Avinash Kumar Singh vs SOUTH CENTRAL RAILWAY on 9 November 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) .......... to declare the inaction of the respondent No.1 and 2 in relieving the applicant to enable him to join in Adra Division, South Eastern Railway, Adra 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 Adra Division, South Eastern Railway, Adra i.e. Respondent No.3 herein on Inter Railway Request Transfer ....."

2. The brief facts of the case, as narrated by the applicant, are that he was appointed as Station Master, by direct recruitment through RRB, on 14.03.2018 and was posted in the office of Respondent No.2, i.e., the Divisional Railway Manager, South Central Railway, Nanded Division. To take care of his old parents, who are suffering from various health ailments, he applied, on 18.03.2023, for Inter Railway Request Transfer (IRRT) to Adra Division, South Eastern Railway (Respondent No.3), agreeing to take the bottom seniority. Respondent No.2 forwarded the application to Respondent No.3, who issued an NOC on 04.11.2025, valid for one year, i.e., up to 04.11.2026. Even after issue of the NOC, Respondents have not relieved the applicant. According to the applicant, this is contrary to Railway Board Serial Circular No.175/2005, which says that relief of employees, who agree to take the bottom seniority in the transferred zonal 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 Bhavan, Saifabad, Hyderabad , Phone=12d84631fad4985ed436f8e9bed43bf11c66dc25e028e9218a4d1d0fb79d7fe3, SERIALNUMBER=b9e3d3951b505950304a85c817eadedfffbcf53466121ac580715b2596ee45c4, E=padmavvathi23@gmail.com, CN= PADMAVATHI CHODAVARAPU

Location: Date: 2026 11 11 11:31:38-08'00' PADMAVATHI CHODAVARAPU

Railway, should not be withheld. The applicant made representations, dt. 21.06.2026, and 02.11.2026, to Respondent Nos.1 and 2, seeking his relief, but no steps have been taken, and the representations are pending.

3. It is further submitted by the applicant that the name of the applicant stands at Sl.No.9 in the priority list of IRRT candidates prepared by Respondent No.2. One Rakesh Kumar Mahawar, who was at Sl.No.2 in the said list, has withdrawn his request for transfer. Further, Mr. Makar Davaj Meena, Controller, was relieved, out of turn, on 27.04.2026, within five days from the date of his NOC. As per Railway Board letter, dt. 16.04.2025, employees can be relieved if the occupancy is 90% of the posts. Against the sanctioned strength of 288 posts of Station Superintendent, 268 posts are at present occupied, which brings the occupancy to 93%. The applicant contends that the inaction of Respondents No.1 and 2 is arbitrary, illegal and discriminatory and violative of Article 14 of the Constitution of India. Hence, this OA.

4. It is submitted by the learned counsel for the applicant that non- relieving of the applicant to join at the transferred Division is contrary to the decisions of the Hon’ble High Court of Telangana in similar cases, bearing W.P. No.31544/2016 & batch, W.P. No.11551/2019 & batch. Thus, the issue raised in this OA is no longer res integra. It is further covered by the orders, dt. 04.12.2024, of this Tribunal, in OA/2281/2024 and, dt. 04.07.2025, in O.A. No.564/2025.

5. In the present case, Respondent No.3 granted the NOC on 04.11.2025. The request transfer is covered under the departmental rules. In terms of 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 Bhavan, Saifabad, Hyderabad , Phone=12d84631fad4985ed436f8e9bed43bf11c66dc25e028e9218a4d1d0fb79d7fe3, SERIALNUMBER=b9e3d3951b505950304a85c817eadedfffbcf53466121ac580715b2596ee45c4, E=padmavvathi23@gmail.com, CN= PADMAVATHI CHODAVARAPU

Location: Date: 2026 11 11 11:31:38-08'00' PADMAVATHI CHODAVARAPU

RBE Circular No.39/2024, dated 03.05.2024, the validity of the NOC has been extended from six months to one year, i.e., up to 04.11.2026. The representations of the applicant, dt. 21.06.2026 and 02.11.2026, to Respondent No.2, made before the NOC expired, are still pending.

6. Mr. A. Vijaya Bhaskar Babu, learned Senior Panel Counsel for the Respondents, appears and takes notice on behalf of the Respondents. He requests time to seek instructions in the matter.

7. Heard both sides and perused the material available on record.

8. Learned counsel for the applicant has placed reliance on the Orders, dt. 31.10.2017, of the Hon’ble High Court of Telangana in W.P. No.31544/2016 & batch and, dt. 20.04.2021, in W.P. No.11551/2019 & batch, wherein the High Court examined the issue in similar cases. The Hon’ble High Court, in their Order, dt. 31.10.2017, held as under: "3. The contesting respondents in these writ petitions were employed either as Station Masters or Station Superintendents or Assistant Station Masters. They filed individual applications before the Central Administrative Tribunal, complaining that though their requests for transfer to other Railway Zones had long been accepted, the orders of transfer were not issued for years together. Therefore, they sought appropriate directions in the original applications filed by them before the Tribunal.

4. The Railway Administration pleaded that due to a large number of vacancies, the Administration was not able to transfer the contesting respondents herein. In other words, the Railway Administration was not opposed in principle, to the request for transfer. On the other hand, the Administration accepted the requests for Zonal transfers and also passed orders.

5. In such a situation, the Tribunal took note of a Serial Circular No.175/2005 issued by the Railway Board, which mandates a time-bound programme to be drawn up. The Circular reads as follows: 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 Bhavan, Saifabad, Hyderabad , Phone=12d84631fad4985ed436f8e9bed43bf11c66dc25e028e9218a4d1d0fb79d7fe3, SERIALNUMBER=b9e3d3951b505950304a85c817eadedfffbcf53466121ac580715b2596ee45c4, E=padmavvathi23@gmail.com, CN= PADMAVATHI CHODAVARAPU

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“SERIAL CIRCULAR NO.175/2005 No.P(R)676/II Date: 02-11-2005

Copy of Boards letter No.E[NG]I-2005/TR/22 dated 06-10-05 is published for information, guidance and necessary action. Copy of Boards letter No.E[NG]I-2005/TR/22 dated 06-10-05 (RBE No.170/05) Sub: Inter Zonal request transfers on bottom seniority. In terms of extant procedure request transfer from one Railway/Division/Unit to another Railway/Division/ Unit are considered in recruitment grades on bottom seniority subject to the condition that the employee seeking transfer fulfills the condition of qualification for recruitment to the posts in the grade to which transfer is sought.

2. It has been brought to the notice of this Ministry that inter zonal request transfers are being withheld on account of existence of vacancies. Since request by Railway servants for transfer on bottom seniority are made on grounds of special cases of hardship, it has been decided that requests for inter zonal transfers may not be withheld on account of existence of vacancies. If, however, request for transfer are withheld in the exigency of service on account of existence of vacancies, a time bound programme should be chalked out to fill up the vacancies by direct recruitment or promotion, as the case may be.”

6. In the light of the said Circular and in the light of the failure of the Railway Administration to draw up a time- bound programme, the Tribunal allowed the applications filed by the respondents, with a direction to the Administration to relieve the original applications in a phased manner within a period of six months from the date of receipt of a copy of the order. Aggrieved by the said order, the Administration has come up with the above writ petitions.

7. The grievance of the Railway Administration is that there are several roadblocks in the matter of filling up of all vacancies and that therefore if the respondents are relieved, without substitutes being posted in their places, the safety and security of the passengers and the trains may get jeopardised. The contention of the learned Senior Counsel for the Railway Administration is that 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 Bhavan, Saifabad, Hyderabad , Phone=12d84631fad4985ed436f8e9bed43bf11c66dc25e028e9218a4d1d0fb79d7fe3, SERIALNUMBER=b9e3d3951b505950304a85c817eadedfffbcf53466121ac580715b2596ee45c4, E=padmavvathi23@gmail.com, CN= PADMAVATHI CHODAVARAPU

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no one can seek a Zonal transfer as a matter of right and that therefore the respondents may have to wait for their turn.

8. We have carefully considered the above submissions. As seen from the Serial Circular issued way back in the year 2005, the employees are entitled to make requests for transfer from one Zone to another. Such transfers may be accepted or may not be accepted. But once these requests are accepted, the employees are to take the bottom most seniority in the Zone to which they are transferred.

9. In the cases on hand, it is not the case of the Administration that the requests of the respondents for Zonal transfer were liable to be rejected. Their requests were already accepted. The respondents did not go to the Tribunal seeking a positive mandamus directing the Railway Administration to transfer them from one Zone to another. If they were seeking a transfer through Court order, the Administration may be entitled to put Rule 226 of the Indian Railway Establishment Code.

10. But once their requests for Zonal transfers have been accepted, the same cannot be kept in cold storage. If we have a look at the timeline of events, it could seen that by the Circular dated 02-11-2005, the Administration was directed to draw a time-bound programme. Exactly a period of 12 years has now passed from the date of the said Circular. No time-bound programme has been chalked out by the Administration. The Circular also mandates that existence of vacancies need not deter the implementation of the orders of transfer. Therefore, the Tribunal was right in allowing the applications of the contesting respondents.

11. It is interesting to note that the requests of the respondents for Zonal transfers were accepted way back in the year 2012 and 2013. Now a period of 4 to 5 years has passed. As and when the respondents go and join in the respective Zones, they have to take the bottom most seniority. Therefore, any further delay on the part of the Administration, will only weaken the morale of the persons, as it may dampen the prospects of their further promotions.

12. It is not the case of the Administration that no recruitment ever took place after 2012-13 up to this date. Their only case is that adequate number of persons could not be selected.

13. Therefore, in such circumstances, the blame, if at all there is any, may perhaps lie on the part of the Railway Recruitment Board and not upon the individual employees. Therefore, the writ 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 Bhavan, Saifabad, Hyderabad , Phone=12d84631fad4985ed436f8e9bed43bf11c66dc25e028e9218a4d1d0fb79d7fe3, SERIALNUMBER=b9e3d3951b505950304a85c817eadedfffbcf53466121ac580715b2596ee45c4, E=padmavvathi23@gmail.com, CN= PADMAVATHI CHODAVARAPU

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petitions are dismissed. However, the Administration is given time up to 28th February, 2018 to relieve the respondents to enable them to join in their transferred places. To facilitate these applicants, the Railway Recruitment Board is directed to complete the process of recruitment by 31st January, 2018. The miscellaneous petitions, if any, pending in these writ petitions shall stand closed. No costs."(emphasis supplied)

9. Learned counsel for the applicant has also placed reliance on the order, dt. 04.12.2024, passed by this Tribunal in OA/2281/2024, vide which a similar case was disposed of. The operative portion of 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."

10. Having perused the material on record and considered the submissions of the learned counsel for the applicant, this Tribunal finds that the issue involved in the present O.A. is no longer res integra. The Hon’ble High Court of Telangana has examined the issue in W.P. No.31544/2016 & batch supra, and directed to relieve the employees concerned within a stipulated period of time, to enable them to join at the place of transfer. This Tribunal has also considered the issue repeatedly and taken a similar view as 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 Bhavan, Saifabad, Hyderabad , Phone=12d84631fad4985ed436f8e9bed43bf11c66dc25e028e9218a4d1d0fb79d7fe3, SERIALNUMBER=b9e3d3951b505950304a85c817eadedfffbcf53466121ac580715b2596ee45c4, E=padmavvathi23@gmail.com, CN= PADMAVATHI CHODAVARAPU

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mentioned by the applicant in Order, dt. 04.12.2024, in O.A./2281/2024, which squarely covers the present case. The applicant has agreed to take bottom seniority in the transferred Railway, and Respondent No.3 has already issued the NOC on 04.11.2025. Therefore, in the light of the orders extracted above, if the applicant fulfils the stipulated criteria, respondents are directed to consider his request for relief on the basis of the NOC issued for Inter Railway Request Transfer to Adra Division, South Eastern Railway, Adra, 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.

11. The O.A. is disposed of, at the admission stage, in the above terms. No order as to costs.

(VARUN SINDHU KUL KAUMUDI)

ADMINISTRATIVE MEMBER

/pv/ 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 Bhavan, Saifabad, Hyderabad , Phone=12d84631fad4985ed436f8e9bed43bf11c66dc25e028e9218a4d1d0fb79d7fe3, SERIALNUMBER=b9e3d3951b505950304a85c817eadedfffbcf53466121ac580715b2596ee45c4, E=padmavvathi23@gmail.com, CN= PADMAVATHI CHODAVARAPU

Location: Date: 2026 11 11 11:31:38-08'00' PADMAVATHI CHODAVARAPU