Indra Raj Meena & Ors. vs Union Of India & Ors.

The applicants are Loco Pilots in the Southern Railway, Trivandrum Division, who claim to have put in 12 to 15 years service. All of them had sought inter-railway transfer requests to Jaipur Division of North-Western Railway. NOC was granted on various dates during the period 2024 - 2025.

Lamenting that even after considerable delay they have not been granted inter-divisional transfer and that the NOCs are about to expire, the applicants have filed the OA. The relief sought in the OA was to direct the 3^rd respondent to relieve the applicants from the Trivandrum Division as per NOC issued to them and to grant them inter-railway own request transfers to Jaipur Division.

Respondents appeared and filed a detailed reply statement disputing the claim set up by the applicant. Essentially, the contention of the respondents revolves on the basic premise that due to acute dearth of Loco ^{Pilots in Trivandrum Division, applicants cannot be relieved.}Central Administrative Tribunal

Heard both sides and examined the records.

Learned Counsel for the applicants contended that the objection raised by the respondents regarding relieving them was misconceived. It was contended that when the request for inter-divisional transfers were forwarded and NOCs were granted, it pre-supposed that both sides have no objection in granting inter-railway transfer. On evaluation of all the contingencies, they had forwarded the transfer requests and NOCs were sanctioned by the Jaipur Division. The applicants have been waiting for the past one year. It was also contended that at this distance of time, Railways cannot be heard to contend that due to dearth of staff, they cannot be relieved. Learned Counsel for the applicants placed before me a copy of the order of Southern Railway dated 21.01.2026 notifying the appointment of the candidates selected by the RRB as Assistant Loco Pilots and allotted to Trivandrum Division. It was pointed out by the learned Counsel for the applicants that 43 candidates were allotted to Trivandrum Division and had undergone training.

Learned Counsel also placed reliance on the communication issued by the Southern Railway, Huballi Division dated 14.08.2026 by which four persons were granted inter-railway request transfer to Trivandrum Division. Yet another document placed before me by the learned Counsel for the applicants was the inter-divisional transfer order dated 01.07.2026 issued by the Chennai Division by which 7 persons were granted inter-divisional transfer to Trivandrum Division. It was contended that this will answer the contention of the learned Counsel for the Railways that there was acute shortage of staff. Learned Counsel also placed reliance on the order of this Tribunal in OA/383/2025 dated 10.07.2026 by which inter-divisional transfer request of three candidates, who were identically placed as that of the applicants were allowed. It was contended that all of them belonged to same batch of the applicants herein.

Learned Counsel for the applicants invited my attention to the vacancy position of the concerned division disclosed at paragraph 8 of the reply statement. It indicates the sanctioned strength, actual strength and the vacancy position. It was pointed out by the learned Counsel for the ^{applicants that out of 738 sanctioned posts, 618 employees are in place and}Central Administrative Tribunal 120 vacancies are existing. It was contended that in the light of RBE No.83/2023 dated 23.09.2023, the directive to process transfers “on priority” is expressly qualified by the words “wherever feasible”. It was also contended that in the present case, feasibility is absent due to the shortage of staff. Learned Counsel for the applicant placed reliance on RBE No. 83/2023, by which inter-railway transfers are ordinarily to be considered only when the vacancy levels are within the permissible limits of 10%. It was pointed out that the vacancy position in Trivandrum Division as on the date of the statement is 16%. Learned Counsel further pointed out that the reply statement is dated 09.03.2026, much after the appointment order of 43 candidates were issued. Necessarily, the statement should have taken in those candidates also, it was contended.

However, I find that the substantial vacancies the aggregate are existing. However, the applicants fall within the category of Loco Pilots (Goods) and Shunter, wherein the vacancy positions are 20 and 9 respectively. Substantial number of hands are in place. However, having considered the fact that Southern Railway would have analysed their staff ^{strength at the time of forwarding inter-divisional transfer request, it is too}Central Administrative Tribunal late on the side of the respondents to contend that there is dearth of staff, though that contention cannot be lightly brushed aside.

It is pertinent to note that there are 17 applicants and transfer of all of them together may substantially affect the work arrangement in the Division. Having evaluated the entire facts, I am inclined to direct the respondents to relieve the applicants in a phased manner on the basis of their date of registration of transfer requests within an outer limit of 8 months from the date of receipt of a copy of this order.

The OA is disposed of as above. No costs.

Annexure A1- True copy of the representation dated 02.09.2025 submitted by applicant No.1 before the 4^th respondent with a copy to the 3^rd respondent.

Annexure A2- True copy of the representation dated 17.09.2025 submitted by applicant No.2 before the 4^th respondent with a copy to the 3^rd respondent.

Annexure A3- True copy of the representation dated 02.09.2025 submitted by applicant No. 3 before the 4^th respondent with a copy to the 3^rd respondent.

Annexure A4- True copy of the representation dated 12.09.2025 submitted by applicant No. 4 before the 4^th respondent with a copy to the 3^rd respondent.

Annexure A5- True copy of the representation dated 12.09.2025 submitted by applicant No. 5 before the 4^th respondent with a copy to the 3^rd respondent.

Annexure A6- True copy of the representation dated 08.09.2025 submitted by applicant No. 6 before the 4^th respondent with a copy to the 3^rd respondent.

Annexure A7- True copy of the representation dated 08.09.2025 submitted by applicant No 7 before the 4^th respondent with a copy to the 3^rd respondent.

Annexure A8- True copy of the representation dated 06.09.2025 submitted by applicant No.8 before the 4^th respondent with a copy to the 3^rd respondent.

Annexure A9- True copy of the representation dated 06.09.2025 submitted by applicant No.9 before the 4^th respondent with a copy to the 3^rd respondent.

Annexure A10- True copy of the representation dated 04.09.2025 submitted by applicant No.10 before the 4^th respondent with a copy to the 3^rd respondent.

Annexure A11- True copy of the representation dated 04.09.2025 submitted by applicant No.11 before the 4^th respondent with a copy to the 3^rd respondent.

Annexure A12- True copy of the representation dated 12.09.2025 submitted by applicant No.13 before the 4^th respondent with a copy to the 3^rd respondent.

Annexure A13- True copy of the representation dated 04.09.2025 submitted by applicant No.14 before the 4^th respondent with a copy to the 3^rd respondent.

Annexure A14- True copy of the representation dated 12.09.2025 submitted by applicant No.15 before the 4^th respondent with a copy to the 3^rd respondent.

Annexure A15- True copy of the relevant extract of the Master Circular issued for transfer of Non-Gazetted Railway employee issued by the Railway Board.

Annexure A16- True copy of the Order by the Chairman of the Railway Board dated 19.07.2021.

Annexure A17- True copy of the RBE No. 148/2023 No. E(NG)I/2023/ TR/30 dated 26.12.2023.

Annexure A18- True copy of the RBE No. 73/2024 No. E(NG)I/2021/ TR/16 dated 02.08.2024 issued by the 6^th respondent.

Annexure A19- True copy of the circular RBE No. 89/2018 vide No. 2018-E(SCT)1/25/10 dated 19.06.2018, issued by Joint Director, Estt.(Res.) Ministry of Railways, Railway Board.

Annexure R1- True copy of the RBE No. 83/2023 dated 23.06.2023

Annexure R2- True copy of the RBE No. 32/2025 dated 16.04.2025