Ravindra Kumar & Ors. vs The Union Of India & Ors.

The present writ petition has been filed against the order dated 10.07.2026 passed by the learned Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as the ‘Ld. C.A.T.’) in O.A. No. 050/00035/2026, whereby and whereunder the Original Application filed by the petitioners herein and others has been dismissed.

The brief facts of the case, according to the petitioners, are that the petitioners are either the Assistant Loco Pilot or Loco Pilot Goods in Indian Railways and were working at Muzaffarpur Lobby under the Sonpur Division. The Ministry of Railways (Railway Board) published a gazette notification dated 24.07.2025 transferring the Muzaffarpur Junction-Samastipur Junction Section from Sonpur Division to Samastipur Division of East Central Railway, keeping in view the operational requirement while stipulating therein as follows:-

The office of General Manager (P) Hajipur had then issued a letter dated 19.08.2025 to the Divisional Railway Manager, East Central Railway, Sonpur-Samastipur stating therein about the action to be taken by Sonpur Division and Samastipur Division in relation to manpower and post identified in the said jurisdiction, to the following extent:-

In pursuance to the aforesaid notification dated 24.07.2025 and letter dated 19.08.2025, the Assistant Personnel Officer-I, office of the Divisional Railway Manager(P), Sonpur had written a letter dated 01.09.2025 to all the connected Section Officers of the East Central Railway stating therein that since in view of the notification of the Railway Board dated 24.07.2025, the Muzaffarpur-Karpurigram Section is to be transferred from Sonpur Section to Samastipur Section, hence option be obtained in the enclosed form from all the employees working in the Muzaffarpur-Karpurigram Section by 15.09.2025 so that appropriate action can be taken in light of clause-5 of the letter dated 19.08.2025. It was also mentioned therein that such employees who do not give any option would be deemed to be keen/willing of absorption in the Samastipur Division.

Thereafter, the Chief Crew Controller, Joint Crew Lobby, Muzaffarpur, East Central Railway had issued an urgent notice dated 07.09.2025, informing all the employees working at Joint Crew Lobby, Muzaffarpur to submit their option in the prescribed proforma with full details for transfer from Muzaffarpur-Karpurigram Section to other stations falling under the Sonpur Division by 13.09.2025 so that the same can be made available to the Personnel Department within the prescribed time limit. It is the case of the petitioners that after obtaining options from the employees of the Mechanical (C&W), Department of Sonpur Division, who were interested in Samastipur Division, a seniority list was issued from the office of the Divisional Railway Manager (P), Samastipur vide letter dt. 01.12.2025.

Thereafter, the Assistant Personnel Officer-III, office of the Divisional Railway Manager (P), Sonpur, East Central Railway vide office order dated 20.12.2025 had transferred the petitioners and others (Sl. No. 35 to 93 of the said office order) on administrative ground from Muzaffarpur Lobby (M & P) to Mansi Lobby (MNE) and Barauni Lobby (BJU). The said order dated 20.12.2025 was challenged by the petitioners along with others before the Ld. C.A.T. by filing the connected Original Application bearing O.A. No. 050/00035/2026.

The respondents had filed their written statement before the Ld. C.A.T. in the aforesaid Original Application filed by the petitioners inter alia stating therein that as per office order dated 20.12.2025, issued by the office of the Divisional Railway Manager (Personnel), Sonpur, 93 Loco Pilot category employees were transferred within the jurisdiction of Sonpur Division on account of administrative exigencies strictly as per the Railway Rules and policies in the interest of train operations and related manpower management issues, hence the transfer order is lawful and does not violate any statutory or policy provisions. It was also stated that out of the transferred 64 employees, 35 employees have already joined at their new places of posting, however 28 employees had filed the connected Original Application but subsequently, five more have joined their new places of posting, hence the present writ petition has been filed by only 23 persons. It was contended that the present case relate to allocation of Muzaffarpur-Karpurigram Section from Sonpur Division to Samastipur Division within the East Central Railways in pursuance to Railway Board’s notification dated 24.07.2025 read with letter dated 19.08.2025, as aforesaid. It was next stated that such actions are taken to avoid complications pertaining to issues related to other establishments, human resources, planning/welfare and industrial relations. Moreover, while keeping administrative control with the Sonpur Division, promotional and other interests of employees have been kept intact and the administrative control of employees have been transferred after due consultation with the Division under which the additional staffs are to be and encadred apart from the fact that the number of posts of running staff at respective stations are subject to annual crew review carried out as per the changed traffic pattern.

As far as the present case is concerned, the transfer of the petitioners and others have been effected as per the operational requirement on administrative grounds to Barauni and Mansi Station against similar posts carrying the same pay level and pay-scale, hence the said transfer has not caused any financial or service related loss to the petitioners. The working area of running staff i.e. Train Manager and Loco Pilot/Assistant Loco Pilot, generally extends beyond the Divisional/Zonal railway boundaries in contrast with other railway employees who normally work at the station and in the nearby area. It has been stated that the aforesaid letter dated 19.08.2025, issued by the Deputy Chief Personnel Officer/IR & W from the office of the General Manager (P), Hajipur, East Central Railway is though absolutely clear but has been twisted by the petitioners inasmuch as para No.-2 & 3 thereof clearly exclude the running staff posted at Muzaffarpur Junction-Samastipur Junction Section and postulate that all other persons posted there as on 01.09.2025 will be placed under the administrative control of Samastipur Division with effect from 01.09.2025. As far as para No.-5 of the said letter dt. 19.08.2025 is concerned, the provision of negative option was available for the staff transferred to Samastipur Division, however the running staff were not transferred to Samastipur Division since they had been specifically excluded from such transfer arrangement and they continue to remain under the administrative as well as cadre control of Sonpur Division till date. It is next submitted that the working environment of running staff requires strong discipline as these running staff worker work as the last custodian for safe running of trains and passenger carrying fast moving trains. Lastly, it is submitted that the staff who have been transferred and relieved from Muzaffarpur Crew Lobby have not joined till now and the new transferred Crew Lobby after being relieved from the previous Crew Lobby at Muzaffarpur are though on rolls of Mansi/Barauni but are absent from the running duty with effect from their respective dates of relieving, i.e. in between 28.12.2025 and 03.01.2026.

The Ld. Counsel for the petitioners has submitted that since the petitioners had not given any option, it was required to be deemed that they are keen/willing for absorption/adjustment in the Samastipur Division voluntarily, however they have been wrongly and arbitrarily transferred to Mansi Lobby/Barauni Lobby falling under the Sonpur Division. The Ld. Counsel for the petitioners has further submitted that the Ld. Tribunal has failed to properly consider the vacancy data inasmuch as it is apparent from the proposed revision of Crew Beat dated 18.12.2025 that there are 58 vacant posts of Loco Pilot Goods in the new Lobby (Muzaffarpur to Narayanpur) of the Samastipur Division whereas conversely the Sonpur Division has an excess of 8 working Loco Pilot Goods against the sanctioned strength, hence adjusting the petitioners in the Samastipur Division is administratively viable and justified. It is next stated that the respondent authorities (Sonpur Division) have themselves failed to implement their own policy decision contained in letter dated 01.09.2025 inasmuch as according to the said letter the petitioners have vested legal right to be formally absorbed in the Samastipur Division. It is also submitted that the action of the respondent authorities is a classic example of colorable exercise of power inasmuch as they are themselves not following their policy and instead are acting in a discriminatory manner by adopting pick and choose policy inasmuch as they have vide office order dated 29.12.2025 transferred 22 employees of the ticket checking staff of the Sonpur Division to Samastipur Division solely on the basis that they did not opt for Sonpur Division, hence on the same basis the petitioners, who also did not opt for Sonpur Division should have been transferred to the Samastipur Division. Lastly, it is submitted by referring to paragraph no. 29 of the writ petition that all the petitioners are on medical leave due to illness of their family members at Muzaffarpur, however they are being threatened by the respondents that in case they do not join duty at the transferred place immediately, coercive action shall be taken.

Per contra, the Ld. Counsel for the official respondents has submitted that paragraph no. 5 of the letter dated 19.08.2025 has to be read in context with paragraphs no. 2 and 3 of the said letter which categorically excludes the running posts from being placed under the administrative control of Samastipur Division, hence since the petitioners are running staff of the Muzaffarpur Lobby, they have not been placed under the administrative control of the Samastipur Division and continue to be under the Sonpur Division although they pertain to the Muzaffarpur Junction-Samastipur Junction Section. It is submitted that trains are still existing at Sonpur Division although assets have been transferred, hence Assistant Loco Pilot/Loco Pilot Goods are required to run the said trains. It is also pointed out by referring to the written statement filed in the present case that vacancies do exist under the Sonpur Division and that is why the petitioners were not placed under the administrative control of the Samastipur Division, rather they were under the administrative control of the Sonpur Division, hence they have been transferred to Mansi Lobby and Barauni Lobby which fall under the administrative control of the Sonpur Division.

The Ld. Counsel for the official respondents has next stated that it is pertinent to mention that out of 45 employees of ticket checking staff who were working in Muzaffarpur-Karpurigram Railway Division, 20 employees who had not given option for Sonpur Division have been transferred permanently from Sonpur Division to Samastipur Division, since they were posted as ticket checking staff and not as running staff. It has been submitted by the Ld. Counsel for the official respondents that according to letter dt. 19.08.2025 issued by the General Manager (Personnel)/ECR/Hajipur, all the employees excluding running staff posted in the above section as on 01.09.2025 are required to be placed under the administrative control of Samastipur Division w.e.f. 01.09.2025. Thus, the entire running staff has remained under the administrative control of the Sonpur Division. The above action has been taken by the railway administration to avoid other establishment, HR (Human Resource Planning/Welfare) and IR (Industrial relation) issues related complications. It has also been submitted by the counsel for the official respondents that while keeping the administrative control with the Sonpur Division, promotional and other interests of employees have been kept intact. The above administrative controls of employee are transferred in due consultation with the divisions under which the additional staff is to be encadred. As per rule number of post of running staff at respective stations are subject to annual crew review, carried out as per the changed traffic pattern. The petitioners and other running staff have been transferred as per operational requirement on administrative grounds to Barauni and Mansi station against similar post carrying the same pay level and pay scale. In fact, as per the nature of the job, the working area of running staff, i.e. Train Manager and Loco Pilot, Assistant Loco Pilot, generally extends beyond the Divisional/Zonal Railway Boundary, in contrast with other railways employees (non-running staff), who normally work at the station and in nearby areas. The transfer order of the petitioners and others was issued through the Competent Placement Committee and subsequently accepted by the Competent Authority. It is contended that as per the Order/letter of General Manager (P) E.C.R., Hajipur issued on 19.08.2025, since the entire running staff has remained under the administrative control of Sonpur Division, the administrative jurisdiction, including matters relating to posting and transfer of running staff, continues to vest with Sonpur Division.

We have heard the Ld. Counsel for the parties and perused the materials on record. The facts of the present case lie in a narrow encompass which has arisen on account of issuance of a notification dated 24.07.2025 by the Ministry of Railways (Railway Board), by which the Central Government has decided to transfer the Muzaffarpur Junction-Samastipur Junction Section from Sonpur Division to Samastipur Division of East Central Railway keeping in view the operational requirements. In pursuance to the aforesaid notification dated 24.07.2025, the Deputy Chief Personnel Officer/ IR & W, office of the General Manager (P), Hajipur had issued a letter dated 19.08.2025 directing the Divisional Railway Manager, East Central Railway, Sonpur and Samastipur to take such actions as have been mentioned therein in relation to manpower and posts identified in the said jurisdiction on account of change in jurisdiction of stations transferred from Sonpur Division to Samastipur Division and it was clearly stipulated therein that the running post/staff would be excluded from being placed under the administrative control of Samastipur Division. Thus, it is apparently clear that even if the running staff, working at the Muzaffpaur-Karpurigram Section does not submit any option, they would not be deemed to be voluntarily keen/willing to be adjusted in the Samastipur Division, hence we find that no vested right has accrued in favour of the petitioners, thus they cannot be heard to say that since they have not submitted any option, they are required to be adjusted in the Samastipur Division. Therefore, it is amply clear that since paragraph No. 5 of letter dated 19.08.2025 and the deeming stipulation mentioned in the letter dated 01.09.2025 is not applicable to the running staff, it would be a natural corollary that the petitioners who are running staff would remain under the Sonpur Division, consequently we do not find any illegality much less any arbitrariness in the office order dated 20.12.2025, by which the petitioners have been transferred from Muzaffarpur Lobby to either Mansi Lobby or Barauni Lobby.

We further find from a bare perusal of the aforesaid letter dt. 19.08.2025 that the non-running staff who have been transferred from the administrative jurisdiction of Sonpur Division to that of Samastipur Division, i.e not the petitioners who are running staff, vide paragraph no. 5 of the said letter have been given provision of negative option, i.e whether they want to continue in Sonpur Division or not inasmuch as they may be facing certain impediments and in case they furnish option for continuing in Sonpur Division, they would be considered for posting in Sonpur Division and in case no option is given, such staff shall be considered to be eager to be absorbed under the Samastipur division.

It is a matter of record that the petitioners have neither challenged the gazette notification dated 24.07.2025, issued by the Ministry of Railways (Railway Board) nor the letter dated 19.08.2025 issued by the office of the General Manager (P), Hajipur, hence now they cannot resile from the stipulations mentioned therein. As regards, the contention of the petitioners that since the number of Loco Pilot Goods working under the Sonpur Division is in excess of the sanctioned strength, the petitioners should be transferred from Sonpur Division to Samastipur Division, we find that the transfer and posting of staff is under the administrative jurisdiction of the Railway authorities which depends upon various factors including change in traffic pattern and as per rule number of post of running staff at respective stations are subject to annual crew review, therefore it would not be justified for this Court to interfere in the administrative domain of the railway authorities, inasmuch as calculation of vacancies and posting of staff in an appropriate manner is the primary function of the administration which requires no interference by the Courts.

We further find that a piquant situation has arisen, inasmuch as immediately after issuance of the order of transfer dated 20.12.2025, relatives of all the petitioners have fallen ill simultaneously, resulting in the petitioners being purportedly on leave since more than one and half years which definitely would have affected the normal working of the trains as the working area of running staff like the petitioners generally extends beyond the Divisional/Zonal Railway boundary, in contrast with other railway employees who normally work at the station and in nearby areas. Nonetheless, we find that the transfer of the petitioners and others have been carried out within Sonpur Division on account of administrative exigencies strictly as per the railway rules and policies in the interest of train operations and related manpower management issues, against similar posts carrying same pay level and pay-scales which has not caused any financial or service related loss to the petitioners, hence we do not find the transfer order dated 20.12.2025 to be illegal, arbitrary, violative of the principles of natural justice, punitive in nature and lacking administrative necessity.

Having regard to the facts and circumstances of the case and for the foregoing reasons, we do not find any infirmity in the order dated 10.07.2026 passed by the Ld. C.A.T. in O.A. No. 050/00035/2026, hence the present writ petition stands dismissed being bereft of any merit.