Facts
The applicant, a Track Maintainer-II (TM-II) in the Sambalpur Division of the East Coast Railway, joined service in 2012
Source reference: p. 2On March 14, 2024, he applied for an Inter-Railway transfer to the Sonpur Division of the East Central Railway on spouse grounds, as his wife is a government school teacher in Bihar
Source reference: p. 3He cited personal hardship, noting that his wife was under mental distress following the death of their first child at birth
Source reference: p. 3Following an interim order from the Tribunal, the respondents rejected his request on June 25, 2025, citing an "acute shortage of Track Maintainers" in the Sambalpur Division
Source reference: p. 3-4The applicant challenged this rejection, contending that the division had simultaneously surrendered several Group D posts after declaring them surplus
Source reference: p. 4-5Issues
1. Whether the respondents were justified in rejecting the applicant’s transfer request on the grounds of acute staff shortage while allegedly surrendering similar posts as surplus
Source reference: p. 52. Whether the applicant is entitled to a transfer to the Sonpur Division under the prevailing RBE guidelines regarding spouse grounds and mental health exigencies
Source reference: p. 6Law Applied
RBE No. 148/2023, which prescribes a specific timeline and biannual cycles (April and October) for deciding Inter-Railway own-request transfers
Source reference: p. 3DO letter dated 06.09.2022, which addresses the management of transfer registers relative to sanctioned cadre strength
Source reference: p. 4while public safety and organizational efficiency are paramount in essential services like the Railways, the administration must maintain a benevolent and sympathetic approach toward employees' mental health and family exigencies
Source reference: p. 6Reasoning
The core controversy involved the respondents’ contradictory stance: claiming an "acute shortage" of Track Maintainers to deny the transfer while simultaneously declaring such posts surplus and surrendering them
Source reference: p. 5The court noted that the respondents failed to provide specific evidence to rebut the applicant's claim regarding the surrender of posts
Source reference: p. 5the department, as a government organization, must balance administrative needs with the "mental health and exigencies" of its employees
Source reference: p. 6the Tribunal found that the applicant's request warranted positive consideration in the upcoming transfer cycle rather than a blanket rejection based on a contested shortage
Source reference: p. 6Holding
The Tribunal disposed of the Original Application without quashing the impugned order but issued a specific directive to the respondents.
The court held that the respondents must consider the applicant’s case "positively" in the next transfer cycle and pass a speaking order to that effect
Source reference: p. 6No costs were awarded
Source reference: p. 6Original Court PDF
Sudhanshu Kumar GuptavsEAST COAST RAILWAY
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