O.A. No. 545/2008. Case: 1. Anil Kumar T. T. S/o Thankappan, Assistant Loco Pilot, 2. D. Ajay S/o R. K. Dinesan, Assistant Loco Pilot, 3. A. Ajay S/o G. Anandan Nair, Assistant Loco Pilot, 4. K. M. Sudheesh S/o Krishnan Nair, Assistant Loco Pilot, 5. M. Rajesh S/o Murukesan M., Assistant Loco Pilot Vs 1. Union of India, Represented by Secretary Railway Board, New Delhi, 2. General Manager, Southern Railway, Chennai, 3. Chief Personnel Officer, Southern Railway Headquarters, Chennai, 4. Senior Divisional Personnel Officer, Southern Railway, Palakkad, 5. Senior Divisional Personnel Officer, Southern Railway, Thiruvananthapuram, 6. M. Sukumaran, Assistant Loco Pilot, Southern Railway, Mangalapuram, 7. K. A. Nishad, Assistant Loco Pilot, Chief Crew Control Office, Southern Railway, Ernakulam, 8. M. S. Nirmalkumar, Assistant Loco Pilot, Chief Crew Control Office, Southern Railway, Ernakulam. Central Administrative Tribunal

Case NumberO.A. No. 545/2008
CounselK. A. Abraham, Sunil Jose, T. C. Govindaswamy, K. A. Rasheed
JudgesK. Noorjehan (Administrative Member), J.
IssueCourse Completed Act; Constitution of India, 1950- Article 309
Judgement DateJuly 13, 2010
CourtCentral Administrative Tribunal

Judgment:

K. Noorjehan (Administrative Member), (Ernakulam Bench)

  1. Applicants are working as regular Assistant Loco Pilots in the Palakkad Division of the Southern Railway. They registered their names for inter-Divisional transfer to Trivandrum Division (A-1). According to them, requests for transfer get preference in filling up the vacancies over Casual labourers/ELR waiting for absorption or other modes of recruitment. They apprehend that a batch of persons selected directly for training as Assistant Loco Pilots from departmental quota are completing training and are likely to be appointed in the existing vacancies and that the applicants will lose their chance to get transfers. Hence, they have filed this O.A to quash and set aside Annexure A-4, to consider their cases before new appointments are made and for a direction to the respondents not to fill up the vacancies of Assistant Loco Pilots in Trivandrum Division without considering their requests for inter-divisional transfer. They are relying on Annexure A-2 PB circular, by which the action of the respondents to appoint fresh recruits who had been selected is illegal and against the rules governing inter- divisional transfers. The Tribunal had directed to consider identical cases before effecting any new appointment (O.A. 754/07) if the direct recruits are appointed overlooking their claims they will lose their seniority, in accordance with Rule 312 of IREM Vol. I.

  2. The respondents Railways filed reply statement opposing the O.A. They at the outset submitted that as per Paragraph 226 of IREC, transfer cannot be claimed as a matter of right. The applicants have not impleaded the other employees who are stated to be undergoing training for eventual absorption as Assistant Loco Pilot and the senior registrants.

    On merits they submitted that the appointment of employees which the applicants apprehend in the O.A, is against the promotees' quota as provided under RB letter No. E(NG)I-90/MPM-7/34/Vol.II dated 2.9.98, 5 persons including SC/ST communities have been allotted to the Division having been selected through General Departmental Competitive Examination and they are waiting to be absorbed. They further submitted that the employees working in the feeder category of promotional quota have also approached the Tribunal earlier through O.A.240/2004 They distinguished the order of the Tribunal in O.A. 754/2007 which is a case of transfer between the newly formed Salem division and the truncated Palakkad Division.

  3. The applicants filed rejoinder reiterating that they have a right to get inter-divisional transfer as per rules in force. They also stated that there is no promotional quota. The 50% of the vacancies are to be filled up by direct recruitment...

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