O.A. No. 67 of 2012. Case: Arvind Kumar Mukesh Vs The Union of India. Central Administrative Tribunal

Case NumberO.A. No. 67 of 2012
CounselFor Appellant: J.K. Karn and H.K. Karn, Advocates and For Respondents: N.K. Sinha, Advocate, ASC
JudgesAkhil Kumar Jain, Member (Ad.)
IssueService Law
Judgement DateAugust 06, 2014
CourtCentral Administrative Tribunal


Akhil Kumar Jain, Member (Ad.)

  1. This application has been filed by the applicant for following relief:-

    (a) To quash and set aside order no. ME/4R/Transfer/New Zone/Hazipur Kolkata dated 09 September, 2010 issued by Chief Personnel Officer, Eastern Railway communicated vide letter no. E. 59/OA-291/07/AKM, Malda dated 21.09.2010 issued by Divisional Railway Manager, Eastern Railway, Malda.

    (b) To direct the respondents to correct office order no. EM/DSL/17/2007 dated 19.04.2007 issued under signature of the APO on behalf of Senior Divisional Personnel Officer, Eastern Railway, Malda as contained in Annexure A/7 whereby applicant was ordered to be transferred from Eastern Railway to East Central Railway by assigning him bottom seniority, so far the bottom seniority granted to the applicant.

    (c) To direct the respondent authorities to release the applicant to report for his duties on the terms and conditions of absorption in EC Railway, Hajipur on option basis, pursuant to option exercised by him and accepted by the respondents, with all consequential benefits.

    (d) To direct the respondent authorities to decide seniority of the applicant as per rules/instructions of the EC Railway applicable on the point of absorption in EC Railway on option basis, pursuant to his release and reporting for duty at EC Railway, Hajipur.

    (e) To award up on the respondents cost of litigation incurred by the applicant in filing this O.A.

    (f) Any other relief/reliefs, the applicant is entitled and as deemed fit and proper in the ends of justice.

  2. The case of the applicant is that he was posted as Section Engineer, Diesel at Diesel Shed, Jamalpur under Eastern Railway. After creation of the East Central Railway with Zonal Headquarter at Hajipur, options were invited from employees in different Zones for posting at EC Railway, Hajipur. Applicant has claimed that he submitted option for his absorption in EC Railway, Hajipur. Order for his transfer and absorption in EC Railway, Hajipur was issued by the Office of General Manager (P), EC Railway, Hajipur on 26.11.2003 and General Manager (P), Eastern Railway, Kolkata was requested by the EC Railway to release the applicant and other staff mentioned in the aforesaid order as they were urgently required for Headquarter office of the EC Railway (Annexure A/1). Applicant has claimed that no departmental enquiry or vigilance case was pending against him but he was not released to join EC Railway on a verbal plea that some persons from Patratu were ordered their posting on absorption basis in the Eastern Railway and as soon as they join, the applicant would be released. However, pick and choose method was adopted and some persons from the same list were released denying the same to the applicant. He has also alleged that some fresh persons who exercised options subsequently and were ordered their posting and absorption much after the applicant were also released which amounts to hostile discrimination against the applicant. Applicant has claimed that he as well as the Service Unions submitted several representations to the authorities praying for release of staff pursuant to their posting and absorption in the EC Railway but in vain (Annexure A/2 series).

  3. The applicant has further stated that some of the staff...

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