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Judgment
O R D E R
HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER
The applicants, who are working presently as Shunting Master in the Palghat Division of Southern Railway, has filed this O.A aggrieved by the nonfeasance on the part of the respondents to relieve them on one way inter railway transfer despite no objection certificate having been received from the Malda Division of East Central Railway.
The brief facts of the case are – the applicants are natives of Bihar. They were appointed in the Railways as Pointsman-B in the year 2015 and 2017 respectively after having selected by RRC, Chennai. Owing to their social and economic background earlier they had applied for inter railway transfer to Malda Division of East Central Railway on completion of minimum residency period, however, the same was not processed or forwarded.
In the meanwhile, HRM Portal was introduced by the railways facilitating the online submission of the request for inter railway transfer. Accordingly they had submitted their applications through the portal on 20.04.2023 in accordance with the existing rules and railway board orders relating to inter railway transfers while they were working as Pointsman-A. It is submitted that their applications were duly forwarded to the competent authorities after verifying the vacancy position and consequently no objection certificates were received from the respective railway as evident from Annexure A-1. It is pointed out by the applicants that the date on which the NOC was issued was 20.01.2025 and the validity of the same was going to expire on 19.01.2026. Thereafter theyCentral Administrative Tribunal were informed by the office of the 3rd respondents that they would be relieved soon at any case prior to the time limit prescribed for the expiry of the no objection certificate. They alleged that no objection certificates issued to persons subsequent to them were relieved as some of them approached this Tribunal. Unfortunately they were still not relieved. As nothing was forthcoming a representation was submitted by the Southern Railway Employees Sangh to the 2nd respondent requesting to relieve the 1st applicant along with 23 others who were selected for appointment in the Traffic Department. The said representation dated 19.11.2025 is produced as Annexure A-2. This too was not responded to.
The applicants have relied on Railway Board letters dated 18.01.2019, 20.09.2019, 01.10.2020 and 23.06.2023, produced as Annexure A-3 to Annexure A-6 to emphasize the need for taking timely action in processing the inter railway transfer applications and relieving the transfer aspirants as expeditiously as possible on receiving the no objection certificate. Further, the adverse vacancy situation stated by the respondent as a reason for not relieving the applicants is against the principle laid down by this Tribunal in O.A.No.444/2014, O.A.No.321/2014 and O.A.No.264/2014 and other connected cases wherein it has been held that shortage of hand is not a good ground justifying the refusal to relieve.Central Administrative Tribunal Subsequently this Tribunal allowed O.A.No.576/2017, O.A.No.277/2017 and other connected cases relying upon the earlier orders which has been confirmed by the Hon'ble High Court of Kerala. The reliefs sought by the applicants in this O.A are as follow -
1.Direct the respondents 1 to 3 to relieve the applicants to carry out the inter railway transfer to Malda Division of East Central Railway on the basis of the no objection certificate issued by them.
2.Grant such other relief which this Tribunal may deem fit and proper in the circumstances of the case.
The respondents have filed a reply statement wherein they have raised the preliminary objection of arraying the General Manager as a party respondent which they state is unwarranted as the applicants have not challenged any order issued by the General Manager nor has any relief been sought against him. Hence, prayed for deletion of name of the General Manager from the party array.
On merits, at the outset it is submitted that both the applicants have voluntarily chosen to apply for a job far away from their hometown andCentral Administrative Tribunal due consideration were given to their interests by posting them at Panambur/Mangalore from where they have easy access by way of train facilities to visit their native place. They have admitted that the applicants request for inter railway transfer was considered and forwarded to the accepting railway but with a remark by Divisional Railway Manager as 'Approved (1st applicant) and approved on the condition that the transfer order for the employee will be issued by Southern Railway only after a reliever from RRC/RRB joins in his place (2nd applicant)'. It is submitted that later though NOC was received in favour of both the applicants from Malda Division on 22.01.2025 but the transfers were not effected within the period of one year ie., 21.01.2026 due to acute shortage of manpower in Operating Department. Further, the request to revalidate the NOC of both the applicants are under process.
It is pointed out that as on 31.05.2026 the NOC for inter railway request transfer for employees of Pointsman cadre to other Railways/Division has been received in respect of 24 employees and the applicants are placed at Sl.No.2 and 15 in the priority list. According to them, Shunting Master/Pointsman is a safety related cadre and are essentially required round the clock at all stations to ensureCentral Administrative Tribunal safe and punctual running of trains. They have submitted that considering the existing vacancy position in Shunting Master/Pointsman cadre, anticipated vacancies due to promotions and additional requirement of Pointsman in next three months for various factors, relieving of Pointsman on inter railway request transfer would adversely affect the operations and hence inter railway transfer would be possible only after the vacancy position improves. The respondents have relied on Railway Board Circular RBE No.32/2025 dated 16.04.2025 which clarified that even after issuance of NOC by the receiving Railway the competent authority may process and effect the transfer only when the cadre vacancy is below the prescribed threshold level. Hence, for the reason that the applicants obtained NOC, they cannot be relieved.
We have heard learned counsel on both sides in detail. We have perused the pleadings and documents available on record. The applicants were initially appointed as Pointsman B and after completion of the residency period their applications for inter railway transfers were sent. Both of them had secured the NOC. They are presently working as Shunting Master at Panambur & Mangalore respectively in the Palghat Division which are higher posts than the posts they originally held. AtCentral Administrative Tribunal the time of seeking one way inter railway transfer to Malda Division, they were working as Pointsman B. Since Malda Division is a separate seniority unit, their transfer would require them to join at the bottom of the seniority as Pointsman B, thereby foregoing the higher post, seniority and other service benefits earned by them, solely to enable them to serve at a place proximate to their native place.
All these issues have been considered by this Tribunal very recently on 08.06.2026 in O.A.No.180/165/2024 and O.A.No.180/465/2024. The relevant portions of the order read as under -
'9. We heard Smt.Simla Prabhakaran, learned counsel for the applicants in both the OAs and Smt.Girija K Gopal and Sri.Sreejith N, respectively learned Standing Counsel, in detail.
10.Applicants in O.A.165/2024 had started service as Assistant Loco Pilot in Palakkad Division in 2014. Applicants in O.A.465/2024 were appointed as Assistant Loco Pilots in Thiruchirappally Division in 2015. Now, they all are in Palakkad Division. All of them have secured NOCs from the 4th respondent. Their applications for transfer were sent only after completion of the residency period in the division. Now, they are holding higher posts, still, want to go to Trivandrum Division on one way inter-divisional transfer, which, no doubt, will affect their service prospects. It is a separate seniority division so that they will have to join at bottom seniority as Assistant Loco Pilots, forgoing all the functional promotions obtained in the parent division. They have opted for transfer with the intention of Central Administrative Tribunalworking in places proximate to the places of abode.
11.It is evident from the documents produced by both sides that the Railway promotes such inter-divisional/inter-Railway transfers. Annexure-A3 Master Circular in O.A.165/2024 suggests that if such an application is submitted and if there are vacancies in the place where the employee seeks transfer, there should be no difficulty in immediately accepting the request. Similarly, they have also placed reliance on the communication issued by the Chairman of the Railway Board urging the General Managers to keep such requests in focussed attention.
12.We have also come across communication issued by the Railway Board reminding the transferer unit/division that such requests for NOC shall be forwarded only if it is sure that, on accomplishing the transfer and relieving the incumbents, they may be able to manage the unit/division.
13.Even though the OAs have been sought to be dismissed, from the tenor of the replies it is clear that the respondents cannot discount Annexure A2 NOCs issued by the 4th respondent accepting their desire to move to Trivandurm Division. The respondents have highlighted that in the given situation, since large number of vacancies are existing, they are unable to relieve the applicants, who are working in an essential service in the safety cadre.
14.It has come out that Railway has taken a positive attitude towards inter-divisional transfer. Earlier, ratio between direct recruitment and inter-divisional transfer was 75:25, which has been revised and modified into 35:65. That means, 65% vacancies of Assistant Loco Pilots are required to be filled up by granting inter-divisional/inter-Railway transfers, but owing to the existence of large number of vacancies, which cannot be kept unfilled for long, they have expressed inability to relieve the applicants.
15.By order dated 05.08.2025 we had directed the Railways to give up-to-date status of allocation of RRB candidates and also GDCE candidates. Pursuant to such a direction, Smt.Girija K Gopal, learned Standing Counsel filed a counsel statement on 23.09.2025 touching Palakkad Division. No doubt, there are deficiencies in the number of posts. Need for manpower has increased considerably. However, it has been submitted that the position will improve after April 2026, after which relief of employees will be considered without causing any impediment to train operations.
16.Both the learned Standing Counsel also explained that the applicants are experienced Senior Loco Pilots and even if new recruits are joined, they may not be able to be engaged in passenger/mail or in special trains like 'Vandebharat', which requires service of senior, experienced Loco Pilots.
17.We appreciate that divisional/operational heads have great pressure in the human resource management. But, all the same, the Railways have to strike a fine balance between the inconveniences and interests of the employees, vis-a-vis the larger interests of the organisation. As rightly suggested by the learned counsel for the applicants, this can be better done from the Headquarters of the Railways, for which proper guidelines have to be issued atleast from the Regional Heads.
18.Mention was made about O.A.484/2021, which was a common order challenging the revised transfer policy of Assistant Loco Pilots by which 75% was earmarked for direct recruitment and 25% for inter-divisional/interRailway transfer. That OA was dismissed by this Tribunal. Against that decision, the applicants therein had moved OP(CAT) No.200/2023 before the Hon'ble High Court. But, it has come out that the ratio 75:25 has been seen changed as 35:65. That means, out Central Administrative Tribunalof the total direct recruitment vacancies 35% shall be filled by the direct recruitment and 65% by inter-divisional/interRailway transfers. Noting this change, the High Court modified the order of this Tribunal and directed the respondents to consider the request of the applicants therein for inter-divisional transfers as expeditiously as possible.
19.As mentioned earlier, even though the respondents wanted to dismiss the O.A., it is clear that they are apprehensive about the vacancies that may occur consequent to the relief of the applicants, that made them hesitant to relieve the applicants. They have also pointed out that the employees, pursuant to the NOCs issued from Palakkad Division have not joined from other divisions/Railway, that large number of posts cannot be kept vacant in a Division since it is an essential service.
20.As mentioned earlier, the learned Standing Counsel in the statement has expressed the opinion that situation will improve after April 2026. It is also certain that regular selection is under way. We also notice the communication dated 16.02.2026 issued by the 3rd respondent stating that relieving of these applicants 'will be positively considered on joining the RRB candidates to working posts on completion of their training in all respects, who have been allotted to PGT Division'. Considering the situation and also having regard to the period of training to be undergone by fresh recruits, we direct that the applicants shall be relieved from the present station within a period of six months from the date of receipt of a copy of this order.
21.During the pendency of the OAs, we had directed the respondents to keep five posts of Assistant Loco Pilots in Trivandrum Division unfilled. That order is made absolute. It is also made clear that the NOCs, as far as the applicants are concerned, shall remain valid till they join the transferee division.
Both the Original Applications are disposed of. No Central Administrative Tribunalcosts.'
We are in complete agreement with the directions issued in the aforesaid order and we have no hesistation to hold the same in the instant case also. It is noticed that regular selection is underway and considering the time required for completion of training of the RRB candidates in all respects on their joining to Palghat Division, we direct that the applicants shall be relieved from the present station within a period of six months from the date of receipt of a copy of this order. It is also made clear that the NOCs, as far as the applicants are concerned, shall remain valid till they join the transferee division.
In the light of the above, the O.A is disposed of. No order as to costs.