Ravi Prakash vs Union Of India & Ors.

Shri Satish Dwivedi, learned counsel for the applicant and Shri K K Ojha, learned counsel for the respondents were present at the time of hearing.

The instant original application has been filed by the applicant seeking following relief:

The brief facts of the case as narrated in the OA are that the applicant is aggrieved by the order dated 14.08.2021 passed by the respondent no 3 through which he has been transferred from Gang No 15 at Agori Khas Railway Station to Gang No 9 at Khairahi Station which is about 45 kms from Agori Khas railway station. The applicant has alleged that the aforesaid transfer is illegal as it has been effected simply to accommodate another person. By way of this OA, the applicant seeks the quashing of the aforesaid transfer order thereby directing the respondents to permit the applicant to continue working at his original place of posting along with all benefits.

I have heard learned counsel for the parties.

Learned counsel for the applicant submitted that the applicant was initially appointed on the post of Track Maintainer Grade IV w.e.f. 23.02.2010 and subsequently was promoted to Track Maintainer Grade III. Then, vide order dated 21.07.2017, he was promoted to Key Man (Track Man II) and vide order dated 22.07.2017, he was posted on the post of Key Man. Learned counsel argued that the junior persons to the applicant was granted promotion but the said benefit was denied to the applicant and therefore, he approached before this Tribunal through OA No 438 of 2021. The OA was decided vide order dated 05.07.2021 directing the respondents to decide the representation of the applicant. Learned counsel further argued that in compliance to the aforesaid order, the respondents passed the order dated 14.08.2021 in pursuance of the order dated 04.08.2021 of the respondent no 2 thereby transferring the applicant from Gang No 15 to Gang No 9 simply to accommodate one Sri Ram Deo as he has been ordered to be transferred and posted in place of the applicant. Learned counsel argued that the aforesaid transfer order is illegal as it is a standing legal proposition that no person can be transferred to accommodate another person. Thus, referring to the facts and circumstances of the case, prayer was made to allow the OA thereby directing the respondents to permit the applicant to remain posted at Gang No 15 and all consequential benefits be paid to him.

Learned counsel for the respondents argued that the applicant not given promotion because he was placed lower in the seniority list and his claim that junior persons to him have been promoted is absolutely unreasonable and baseless. Learned counsel further argued that in compliance of the direction of the Tribunal, speaking order dated 14.08.2021 was issued. The applicant was transferred from Gang No 15 to Gang No 9 which is just about 45 kms from his previous place of posting and moreover, he has already joined the place and thus, no hardship is caused to him. Thus, referring to entire facts and circumstances of the case, prayer was made to dismiss the OA being devoid of merits.

Rebutting the pleadings of the counter, learned counsel for the applicant has filed rejoinder wherein identical facts as have been narrated in the OA have been reiterated.

I have considered the rival contentions and carefully gone through the records.

The applicant was initially appointed on the post of Track Maintainer Grade IV w.e.f. 23.02.2010 and subsequently was promoted to Track Maintainer Grade III. Then, vide order dated 21.07.2017, he was promoted to Key Man (Track Man II) and vide order dated 22.07.2017, he was posted on the post of Key Man. Being aggrieved from his contention that junior persons to him were given promotion and made to work at higher scale and same benefit was not awarded to him, he approached before this Tribunal through OA No 483 of 2021. The OA was disposed of directing the respondents to decide the representation of the applicant. In compliance of the order of the Tribunal, the respondents passed the order dated 14.08.2021 through which the applicant was transferred from Gang No 15 at Agori Khas Railway Station to Gang No 9 at Khairahi Station. It is pertinent to record here that the applicant has contended that the aforesaid transfer has been made to accommodate one Sri Ram Deo as he has been ordered to be transferred and posted in place of the applicant. However, no conclusive oral or documentary proof has been brought forward on behalf of the applicant. Furthermore, Gang No 15 at Agori Khas Railway Station where the applicant was posted is just about 45 kms distance from Gang No 9 at Khairahi Station where the applicant has been transferred. It is also evident from the pleadings exchanged across the Bar that the applicant has already joined at the place of transfer.

Thus, in view of the aforesaid discussions and analysis, I am of the considered view that nothing sustains in this original application that it be allowed in favour of the applicant. Accordingly, the instant original application is dismissed being devoid of merits. The effect and operation of the impugned order stands intact.

All associated MAs stand disposed of accordingly. No costs.