Chandan Kumar Ojha vs SOUTHERN RAILWAY on 9 November 2026

1. Chandan Kumar Ojha, aged 36 years, S/o Harisankar Ojha, Station Superintendent, Pollachi, Palakkad Division, Southern Railway, Residing at 94/A Railway Quarters, Pollachi – 642 001.

2. Arjun Prasad, Aged 39 years, S/o late Deo Narayan Prasad, Station Superintendent, Kasargod, Palakkad Division, Southern Railway, Residing at Rajagoplam Khailas Puram, Vidhya Nagar, Kasargod – 671 123.

3. Shashi Bhushan Kumar Singh, aged 36 years, S/o Bhagya Narayan Singh, Station Superintendent, Manglore Central, Palakkad Division, Southern Railway, Residing at Ben Apartment, Flat No. 11, Near KMC Hostel, Falnir P.O., Manglore 575 001.

4. Ramesh Chand Meena, aged 36 years, S/o Harphool Meena, Station Superintendent, Manglore Central, Palakkad Division, Southern Railway, Residing at D. No. 3-41 Denastawa Padil Post Manglore, Dakshin Kannada – 575 007.

5. Basant Kumar Jarsoniya, aged 45 years, S/o Sita Ram Jarsoniya, Station Superintendent, Manglore, Palakkad Division, Southern Railway, Residing at Aradhana Apartments, Padil Post Manglore, Dakshin Kannada – 575 007. -Applicants [By Advocate: Mr. Martin G Thottan]

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V e r s u s

1. The General Manager, Southern Railway, Park Town P.O., Chennai – 600 003.

2. The Chief Personnel Officer, Southern Railway, Park Town P.O., Chennai – 600 003.

3. The Senior Divisional Personnel Officer, Southern Railway, Palghat – 695 014.

4. The Divisional Railway Manager, North Eastern Railway, Varanasi Division, Uttar Pradesh – 221 001.

5. The Divisional Railway Manager, North Central Railway, Jhansi Division, Uttar Pradesh – 284 001. -Respondents [By Advocate: Mr. V.A Shaji, ACGSC] The Original Application having been heard on 09.11.2026, the Tribunal on the same day delivered the following: O R D E R (Oral):- Justice K.Haripal, Judicial Member Applicants are presently working as Station Superintendents in the Palghat Division of Southern Railway. They are natives of other States in North India. They are aspirants of inter-railway transfer to different Railways and their respective applications were forwarded with the concurrence of the second respondent, the Chief Personnel Officer.

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Following that, Annexure-A1 series NOCs were issued by the respective recipient Railways in July 2025. On the strength of the said NOCs, the applicants moved the third respondent, requesting to relieve them. But on the grounds that there are dearth of hands in the cadres of Station Masters and Station Superintendents, the requests are not being considered. Aggrieved by the same, the applicants have moved the Tribunal seeking direction to the respondents 1 to 3 to relieve them to carry out the Inter Railway Transfer to Varanasi and Jhansi Divisions of North Eastern and North Central Railways respectively.

2. The respondents have opposed the contentions. The crux of the objection is the dearth of hands in the cadre of Station Master and Station Superintendent in Palghat Division of the Southern Railway. At the same time, they have stated in paragraph 14 of the reply statement that their requests for release on transfer shall be considered once the vacancy position in the Station Master category improves in the Division. Further, it is stated that there are 13 vacancies in Station Master Cadre. The category of Station Master belongs to the safety category, currently the available staff is at a bare minimum. Similarly, it is submitted that selections are in

A X Sherin progress to fill up the vacancies. Moreover, one-way transfers of Station Masters from other Zonal Railways to Palghat Division are not available. The new recruitment of Station Masters through Railway Recruitment Board to fill up the vacancies are awaited. Thus, they have submitted that, for the time being, because of the current strength of Station Masters, the applicants cannot be relieved.

3. Heard the learned counsel for the applicants, Shri. Martin G Thottan and Shri. V.A Shaji, learned Standing Counsel for the respondents. Sri. Martin G Thottan has placed reliance on the decision of the Hon'ble Kerala High Court in OP(CAT) No. 3124 of 2013 and stressed that dearth of hands cannot be raised as a ground for retaining the employees once they obtained No Objection Certificate from other zone of the Railways. According to him, even after the NOCs were received by the applicants, as seen in Annexure-A5, 21 new recruits have joined the Palghat Division of the Southern Railway against 25% of general selection. Similarly, three employees have already joined against the 15% LDCE quota. It is submitted that one Vineesh has also joined as Station Master on inter-divisional one- way transfer. Similarly, 16 new recruits have joined as Station Masters by

A X Sherin virtue of Annexure-A 4 communication dated 27.11.2025.

4. On the other hand, Sri. V.A Shaji, learned Standing Counsel, has placed reliance on the recent judgment of the Hon'ble Madras High Court in Writ Petition Nos. 25733, 25913 & 25927 of 2026 dated 18.08.2026 and submitted that in a similar case, the Madras High Court has upheld the view taken up by the respondents and rejected the plea raised by the employees who had secured NOC from Trivandrum Division.

5. Having heard the learned counsel on both sides, as rightly pointed out by the learned counsel for the applicants, the consistent stand taken by this Tribunal is that once the employees obtained NOCs from outlying zones of the Railways, even after granting reasonable time, their relief from the parent Railways cannot be rejected. Firstly, the Railways are promoting such Inter Railway /Divisional/ Zonal transfers; there are so many circulars issued by the Railways encouraging such transfers. Secondly, it has been made clear that applications for inter-railway transfers are forwarded only after ascertaining the possibility of relieving them on getting an NOC from the other side. Earlier, such requests for NOCs were sent mechanically, without collecting any information/statistics by the

A X Sherin parent Railway which caused unnecessary building up of expectation on the employee and put avoidable pressure on the Railway Administration. The Annexure A7 circular was issued in such a setting. Paragraph 2 of the communication read thus : “2. Considering the above, Railways may ensure that henceforth only such Inter-Railway transfers requests be forwarded where there is reasonable possibility of relief in case of acceptance by the railway to which transfer is sought. While doing so, various factors like number of staff likely to be inducted in the cadre by way of departmental promotions/Inter-Divisional/Inter-Railway Transfer from other Railways/Divisions and through RRB indents should be kept in view so that once NOC is received, the concerned employee can be relieved early.” This communication ensures that, before forwarding the request with recommendations, the parent Railway must have made proper assessment regarding the consequences of the imminent relief of the employee. Secondly, the fact that Railways is always desirous of relieving such employee, after obtaining NOC, on an early date is demonstrated in the communication.

6. Moreover, it has come out from the stand taken by the respondents that the process of recruiting new Station Masters is going on. Therefore, an outright rejection of a request for an inter-divisional transfer

A X Sherin cannot be done. Here, though the requests of the applicants are not rejected, the respondents do not say when they can be relieved. This Tribunal understands the practical difficulties faced by the respondents. All the same, when new recruitment/intake is taken a long term planning should have been done by the respondents.

7. On the showing of the applicants, numerous new appointments have already been taken place in the cadre of Station Master in the recent past. In the circumstances and on the lines of the consistent stands taken by this Tribunal, the respondents are directed to relieve the applicants within a period of six months from the date of receipt of a copy of this order. Till then, the NOCs shall remain valid.

8. The Original Application is allowed to the above extent. No costs. (Dated, 9th November, 2026)

JUSTICE K. HARIPAL JUDICIAL MEMBER

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List of Annexures in OA/312/2026 Annexure-A1: True copy of the print out downloaded by the 1st applicant pertaining to his inter railway transfer application. Annexure-A1 (a): True copy of the print out downloaded by the 2nd applicant pertaining to his inter railway transfer application. Annexure-A1 (b) : True copy of the print out downloaded by the 3rd applicant pertaining to his inter railway transfer application. Annexure-A1(c): True copy of the print out downloaded by the 4th applicant pertaining to his inter railway transfer application. Annexure-A1(d): True copy of the print out downloaded by the 5th applicant pertaining to his inter railway transfer application. Annexure-A2: A true copy of the order bearing No. J/T 21/2025 dated 31.07.2025 issued by the third respondent. Annexure-A3: A true copy of the order bearing No. E. File No. 345057 dated 17.09.2025 issued by the third respondent. Annexure-A4: A true copy of the office order No. J/T 29/2025 dated 27.11.2025 issued by the third respondent. Annexure-A5: A true copy of the order bearing No.J/P. 608/VIII/SM/PRQ/Vol. III dated 24.03.2026 issued on behalf of the third respondent. Annexure-A6: True copy of the railway board letters bearing No. E(NG) I -2019/TR/3 dated 18.01.2019. Annexure-A7: True copy of the railway board letter No. E(NG)I- 2019/TR/11 dated 20.09.2019.

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Annexure-A8: True copy of the Railway Board order bearing RBE No. 85 of 2020 dated 01.10.2020. Annexure-A9: True copy of the Railway Board order bearing RBE 83 of 2023 dated 23.06.2023. Annexure- R1: True copy of Railway Board circular RBE No. 73/2024 dated 02.08.2024. Annexure- R2: True copy of Railway Board letter dated 17.08.2022. Annexure- R3: True copy of Railway Board circular RBE No. 39/2024 dated 03.05.2024. *********

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