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Judgment
Mr.SudhiRanjan Mishra, Member, J.M.
The applicant challenging the order dated 12.04.2025 issued by Respondent No. 5 wherein sparing letter has been issued in absence of any order of transfer issued by Competent Authority has filed this OA praying for following reliefs:
a)To quash the sparing letter dtd. 12.04.2025 under Annexure A/3;
b)And direct the respondents to allow to continue in her present place till completion of 10th Board Exam, 2025-26 of her daughter;
c)And to direct the respondents to transfer to Sambalpur after her daughter's 10 the exam.
The fact of the case as inter alia averred statedby the applicant in the OA is as follows:
That, the husband of the applicant namely Sushant Kumar Dash, who was working as RPF Constable under DSC/SBP, died on duty on dtd.27.10.2015.
That, being the widow of Late Sushant Kumar Dash, the Railway considered appointment on compassionate ground accordingly Office Order No.26.06.2018 issued by Sr.DPO/SBP, for my appointment as Pointsman 'B'
That, during course of service, the applicant was humiliated by a number of employees of Railway for which submitted representation to Sr.DOM(G) & DRM/SBP as well as GM, East Coast Railway. Taking into consideration her grievance, she was transferred from Operating Department to Commercial Department and joined as General Assistant/Parcel Hammer on dtd.12.11.2019.
That, the Govt. of India, Ministry of Railway (Railway Board) has issued RBE No.E(O) III/2014/PL/03 dtd.10.06.2014 in implementation to judgment dtd.31.10.2013 passed by the Hon'ble Supreme Court in WP (C) 82/2011. As per Railway Board instruction dtd. 10.06.2014 the Hon'ble Supreme Court specifically directed that "there should be a committee to be constituted at appropriate level to decide posting and transfer of all Group-A, B & C officials even within the same zone. The posting/ transfer to be regulated by transparent policies with assured minimum tenure. Policy provision may, therefore, be framed".
That, on 12.04.2025, the applicant has discharge duty in the office from 9:00a.m to 5:00p.m and returned to her residence. During course of duty nobody informed about her transfer, but a sparing letter dtd. 12.04.2025 sent through her WhatsApp at 5:30p.m.
That, the applicant is a widow having two minor children i.e, one daughter & one son. The daughter namely KhusiKumari Dash is student of Class-X, and going to appear the Examination of academic year 2025-26. Whereas, son is student of Class-V. Both are students of KendriyaVidyalaya, Bargarh.
That, after going through the sparing letter dtd.12.04.2025 the applicant found that the same has been issued at the behest of DCM/SBP namely Dr. PradeepDubal. From the sparing letter it appears that the senior DCM has issued order no.409 dtd. 12.04.2025 at 4:20 p.m. It is respectfully stated that 13.04.2025 is her rest day and she has not yet relieved by the Relieving Authority. Further, nobody is coming in her place and the post is lying vacant. Being aggrieved with the sparing letter submitted appeal dtd. 14.04.2025 to Respondent No.1 and copy of the same forwarded to Respondent No.2 & 3 for information. The applicant in the representation has made specific allegation against Respondent No.4 and raised the following grounds for consideration:-
A. The spare letter dtd. 12.04.2025 is in absence of any order of transfer because DCM is not competent to issue any order of transfer. Transfer order if any should be issued by Authority of Personnel Department.
B. As per Railway Board's letter dtd.10.06.2024 transfer and posting should be as per recommendation of Placement Committee with due approval of Competent Authority.
C. The transfer order should be issued by Authority of Personnel Department and DCM/SBP is not Competent to issue the order dtd. 12.04.2025 for my transfer.
D. In absence of invalid transfer order, the question of sparing does nor arises and the sparing order dtd. 12.04.2025 issued by Station Superintendent/Bargarh Road Railway Station is void one.
E. I am holding a non-sensitive and non-transferable post.
F. My daughter is a class-X student and going to appear 10th Board Examination in the academic year 2025-26.
G. I am a widow, having no male member to take care of mine and my minor children.
H. The distance between Bargarh and Titlagarh is more than 150kms, as such it is not practicable to up & down everyday.
That, this matter relates to transfer and joining of this applicant in absence of any order of transfer passed by the Competent Authority. Though, appeal/representation dtd. 14.04.2025 submitted through email but without awaiting the decision on the same has filed this Original Application taking it's urgency.
That, the applicant being aggrieved with the sparing letter dtd. 12.04.2025, without finding any other alternative remedy has constrained to approach this Hon'ble Tribunal by filing this Original Application under Section-19 of the A.T. Act, 1985 on the following grounds amongst others.
For that, it is respectfully stated that the sparing letter dtd. 12.04.2025 is in absence of any order of transfer because DCM is not competent to issue any order of transfer. Transfer order if any should be issued by Authority of Personnel Department. Hence, the sparing letter dtd. 12.04.2025 is not sustainable in the eye of law as such liable to be quashed.
For that, As per Railway Board's letter dtd.10.06.2024 transfer and posting should be as per recommendation of Placement Committee with due approval of Competent Authority. Further, the transfer order should be issued by Authority of Personnel Department and DCM/SBP is not competent to issue the order dtd. 12.04.2025 for her transfer.It is pertinent to mention here that in absence of invalid transfer order, the question of sparing does nor arises and the sparing order dtd. 12.04.2025 issued by Station Superintendent/Bargarh Road Railway Station is void one. Hence, the sparing letter is liable to be quashed.
For that, the applicant is holding a non-sensitive and non-transferable post. Her daughter is a class-X student and going to appear 10th Board Examination in the academic year 2025-26. Moreover, she is a widow, having no male member to take care of the applicant and her minor children. Further, the distance between Bargarh and Titlagarh is more than 150kms, as such it is not practicable to up & down everyday. It is pertinent to mention here that the sparing letter issued by the Respondent No.5 under compelling situation i.e, under pressure of Respondent No.4. As the intention of DCM/SBP is not only ill but also malafide and vindictive, he has been added as Respondent No.4 by name in the Original Application. As the sparing is without authority and with malafide intention, the same is not sustainable in the eye of law as such liable to be quashed.
The respondents have filed their counter stating as follows:
That, the Applicant Ms. Jyotirmayee Dash, Parcel Hamal/Bargarh Road (PH/BRGA) Railway Station, has been working in the Commercial Department since 14.11.2019 as a Group-D employee, She is working under the Supervision of the Station Manager/Bargarh Road (SMR/BRGA) Railway Station and the Commercial Superintendent/Bargarh Road (CS/BRGA) Railway Station and has been assigned to perform duty manning the Ladies/Gents Dormitories.
That, at present Bargarh Road (BRGA) Railway Station is being developed under the Amrit Bharat Station Scheme (ABSS). The old station building has been dismantled, and redevelopment work is currently in progress. As of now, there is no work assigned to any Group-D employee in the Commercial Department at this station.
That, Titlagarh (TIG) Railway Station is experiencing a critical shortage of Group-D staff, severely impacting the management of essential facilities such as the Upper-Class Waiting Hall/VIP Lounge, Parcel Office, TTE Rest Room, and Retiring Room/Dormitory sections. As per operational requirements, a minimum of 11 Group-D staff are essential to efficiently manage these duties. However, currently, only 06 Gift Group-D staff is available at the station. Due to this acute shortage: Only one shift is being manned at the TTE Rest Room, Only one male staff is available for duty at the Parcel Office, The remaining staff are being rotated across three shifts to manage the VIP Lounge and Upper-Class Waiting Hall.
This significant manpower shortfall is adversely affecting daily operations. Staffs are overstretched and are not receiving their mandatory weekly rest or leave, which may further lead to fatigue and inefficiency in service delivery.
That, in view of the critical manpower situation at Titlagarh (TIG) station and the non-availability of suitable work for Group-D staff at Bargarh Road (BRGA) station, the engagement of Applicant was proposed to Titlagarh (TIG) vide Commercial Control/SBP Order No. 409 dated 12.04.2025 as per administrative inconvenience. Accordingly, Station Master (SMR) and Commercial Supervisor (CS) at Bargarh Road (BRGA) prepared her sparing letter and informed to the petitioner on same day on an urgent basis. Simultaneously, her permanent transfer from BRGA to TIG was initiated and processed through the Placement Committee. However, the Applicant has not received the sparing letter issued by SMR/BRGA and has filed the present Original Application before this Hon'ble Tribunal. In addition, she submitted a private sick memo at BRGA station on 14.04.2025 and has not reported for duty till date. In compliance with the interim directions of this Hon'ble Tribunal, the process of her permanent transfer has been kept on hold until further orders.
The applicant has filed rejoinder reiterating the stand taken by her in the OA and submitting that there is sufficient work for the post of Parcel Hamal at Bargarh Road Railway Station but deliberately and intentionally the respondents are taking the false plea regarding no work at Bargarh Road Railway Station as there is sufficient work one Mr. Arjun is also discharging the duty of Parcel Hamal along with the applicant. It is submitted that like applicant there are as many as more than 10 male and 2 female Group D employees working in the operating department of Bargarh Road Railway Station.
The respondents have filed reply to rejoinder.
Heard both sides and perused the records.
The ground of the applicant that the sparing letter has been issued without transfer order of competent authority is not tenable since it is seen from Annexure R/1 that the same was issued as per order of Sr. DCM/SBP.
Further the second prayer of the applicant is to allow her to continue at Bargarh till completion of her daughters 10th Board Exam. This Tribunal vide order dated 16.04.2025 as an interim measure had stayed the sparing memo and the said continues till date. The Board exam of her daughter is also over by now. The applicant had also prayed to direct the respondents to transfer her to Sambalpur after her daughters 10th Board Exam. Since the 10th Board Exams are over, the same can be considered by the respondents.
In view of the above the OA stands disposed of. Pending MA's, if any, stands disposed of. No costs.