Bashir Ahmad Bhat vs UOI And Ors

Petitioners claim to have been appointed as Signal Khalasi in the Pay Band 5200-20200+GP 1800 against land loser quota for J&K Railway Project, Kashmir Valley , which is equivalent to Goup-D post.

Petitioners are aggrieved of the notice issued by respondent no.3 bearing no. 293-E/34/Sig/TRF/K.vellyt/p-3 dated 22.02.2019 in terms of which the petitioners have been transferred from their current place of posting to the places indicated in the aforesaid order. Therefore, seeks quashment with further direction to respondents to retain the services of the petitioners within Udhampur/Srinagar/Baramulla Railway Project as contained in the orders of appointment. Directions are also sought to carry on their services without any interruption and consequently grant them all the service benefits to which they are otherwise entitled to.

Perusal of the impugned notice reveals that the petitioners in SWP no. 2413/18 titled "Reyaz Ahmad Bhat and ors v. Union of India and ors" have been transferred and posted in places of petitioners in Kashmir valley who are transferred to Pathankote/Jalandhar. Petitioners submit that their posting is as a result of the recognition of the claim of petitioners in SWP No. 2413/2018 who claimed their posting in Kashmir valley as per terms and conditions of their appointment.

It is contended by the learned counsel for the petitioners that 75% of the land of petitioners have been acquired under J&K Railway Banihal-Baramulla project.

It is also averred that as per the policy framed by the respondents, land losers are to be provided employment in the project under category Group-D and are posted within the province viz Kashmir, however, respondents have posted the petitioners outside the Kashmir Province, which is violative of terms of appointment.

Writ petitions earlier filed by similarly situated Group-D employee appointed in the Railway Project Banihal-Baramulla as the beneficiaries of the land losers were disposed of by this Court by directing the respondents to consider the claim of the petitioners for their posting/adjustment in Banihal-Qazigund Sector, in accordance with the policy and Government orders occupying the field.

Respondents as a consequence of implementation of the judgment passed by this court, posted those petitioners in Banihal-Qazigund Rail sector.

Mr. S.A Naik, learned appearing counsel for the respondents 1 to 4, when asked, submits that as per the policy of the railway the staff posted in Kashmir Valley for four years has to be shifted outside and replaced by same category/grade.

It is submitted that as a consequence of this policy notified vide order no. 698E/311/HC/SINA/18 dated 18.01.2019, the petitioners have been transferred and posted outside the valley as they have served for more than your years and shall be again benefited by adhering to the policy on rotation.

Transfer and posting is an exigency of service and the courts ordinarily does not interfere in such matters. Respondents have in terms of the directions passed by this court in the case of Group-D employee appointed with reference to benefit of land losers have framed policy and as a benefit of such policy the petitioners have been replaced by those who served from outside Kashmir Valley for four years.

The contention of the learned counsel of petitioners is that the transfer is against the Chapter-4 of General Conditions of Service contained in Indian Railway Establishment Rules ( hereinafter referred to as the rules), no transfer can be effected of a Railway servant outside the area of his employment.

Perusal of the Rules for transfer in Chapter-4 of General Conditions of Service contained in Indian Railway Establishment Rules reveals that railway servant is required to be employed throughout his service on the railway or railway establishment to which he is posted on first appointment and shall have no claim as of right for transfer to other Railway or another establishment.

The ground with reference to adherence to rules of transfer in Chapter=4 of General Conditions of Service contained in Indian Railway Establishment Rules can be agitated before the authorities, who on such approach may consider the same.

In that view of the matter, the writ petition is disposed of with liberty to the petitioners to file a detailed representation on the grounds agitated in the writ petition with reference of implementation of rules of transfer contained in Chapter-4 of Indian Railway Establishment Rules and the respondents shall on receipt of the representation decide the same within one month.

Disposed of along with connected IAs.