Shri Umesh Kumar Sah vs The Union Of India & Ors.

Learned counsel for the applicant submits that, vide letter dated 11.06.2019 addressed to the DRM(P), Lumding, the inter-divisional transfer of the applicant had been approved by DRM/Katihar in the grade of Assistant Loco Pilot, subject to his accepting bottom seniority. An NOC was also received from the accepting Division, i.e. Katihar Division. It is further submitted that, vide letter dated 19.03.2020, as many as 156 ALP-II were recommended for accommodation in Katihar Division in the grade of ALP on acceptance of bottom seniority, but the name of the applicant did not find place in the said list. It is also submitted that, vide office order dated 10.09.2020 issued by DRM, Lumding, as many as 28 Loco Pilots/Senior ALPs were spared on own-request transfer to the office of DRM(P), Katihar, N.F. Railway.

Learned counsel for the applicant further submits that the General Manager (P), Maligaon, had recommended the applicant’s representation dated 27.12.2020, considering the case to be genuine, but the prayer of the applicant was not acceded to by the authorities. It is submitted that the applicant’s request for inter-divisional transfer to Katihar Division was made on genuine humanitarian grounds, as his mother is suffering from cancer. It is further submitted that similar benefit of inter-divisional transfer on out-of-turn basis was granted to another employee, namely Shri Santu Saha, whereas the applicant was denied such consideration despite having a genuine humanitarian ground. According to learned counsel, the denial of the applicant’s request is discriminatory and arbitrary.

It is further submitted that, as per Railway Board’s letter No. E(NG)I-2018/TR/1.4 dated 17.09.2018 (RBE 139/2018), approval for out-of-turn transfer of non-gazetted employees can be granted only by the General Manager and not by the Division. It is stated that the file was put up before the competent authority on 27.07.2022 for forwarding the out-of-turn transfer application to the General Manager/N1-TR, but the authority recorded the following remark: “As such out of turn transfer will result into legal complications hence it is regretted.”

It is also submitted that, although an NOC had earlier been received from the accepting Division, i.e. Katihar, vide letter dated 11.06.2019, the validity of the said NOC had subsequently expired. The respondents have also stated that the applicant’s priority position for inter-divisional transfer was 97 and that inter-divisional transfers are strictly governed by the prevailing priority list.

As regards the averment of the applicant concerning Shri Santu Saha, the respondents submit that the transfer of Shri Santu Saha from Lumding Division was implemented only after obtaining the explicit approval of the General Manager, N.F. Railway, Maligaon, for out-of-turn transfer in accordance with the provisions of Railway Board’s communication dated 17.09.2018 (RBE 139/2018). It is, therefore, submitted that the case of Shri Santu Saha arose in different circumstances and cannot be equated with that of the applicant.

The respondents further submit that the case of each employee has been considered on the basis of his respective priority position, administrative requirements and the prevailing rules. It is reiterated that there has been no unnecessary delay on the part of the respondents in processing the applicant’s request.

The respondents further submit that the applicant’s request has been examined in terms of Railway Board’s letter dated 17.09.2018 (RBE 139/2018) and the other extant rules governing inter-divisional transfers. It is stated that the NOC received from Katihar Division on 11.06.2019 had subsequently expired. The respondents have also stated that, at the relevant stage, the applicant’s priority position was 104 and that processing of an out-of-turn transfer requires fulfilment of the prescribed conditions, including DAR clearance and submission of the requisite supporting documents. It is further submitted that DAR proceedings against the applicant were pending at the relevant time and, therefore, the case could not be processed further. The respondents have also alleged that the applicant delayed submission of the application and the latest medical records relating to his mother’s treatment, which also contributed to the delay in processing the transfer request.

The respondents themselves have stated that, in terms of RBE 139/2018, the General Manager is the competent authority to approve an out-of-turn transfer of a non-gazetted employee. In these circumstances, we are of the view that the applicant’s request ought to be considered by the competent authority in accordance with the aforesaid Railway Board instructions and the relevant rules.

At the same time, the applicant does not have an indefeasible right to an out-of-turn transfer merely because an NOC had earlier been issued by the accepting Division. The fact that the earlier NOC has expired, the present priority position of the applicant and the pendency of DAR proceedings are also relevant factors which have to be taken into consideration by the competent authority.

Accordingly, without expressing any opinion on the ultimate merits of the applicant’s claim for out-of-turn transfer, we deem it appropriate to set aside the impugned letter dated 21.04.2025 and direct the General Manager, N.F. Railway, or the competent authority in terms of RBE 139/2018, to consider the applicant’s representation for out-of-turn inter-divisional transfer to Katihar Division afresh, in accordance with law and the applicable rules, keeping in view the medical condition of the applicant’s mother and also taking into consideration the issues of priority, validity of the NOC, DAR/Vigilance clearance and other relevant factors.The competent authority shall pass a reasoned and speaking order within a period of three months from the date of receipt of a copy of this order.