CAT - Patna

Administrative office relocation exceeding 20 kilometers entitles employees to Composite Transfer Grant regardless of residential shifting.

VIJAY KUMAR vs EAST CENTRAL RAILWAY

CAT - PatnaJUDGMENT: April 08, 20263 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The twelve applicants were employees of the Accounts Department (Traffic) of the East Central Railway (ECR), functioning from a rented premises at Biscomaun Tower, Patna.

Source reference: p. 3-4

On July 7, 2017, the entire office was relocated to a newly constructed building within the General Manager’s office campus at Hajipur

Source reference: p. 3-4

Following this relocation, the applicants submitted representations for the grant of a Composite Transfer Grant (CTG).

Source reference: no citation

The respondents refused the claims, arguing that the collective shifting of an office did not constitute an individual transfer on administrative grounds and that the applicants had not changed their residences

Source reference: p. 4, 6

Internal records revealed that while the applicants' claims were referred to the Railway Board for clarification in 2020, employees of the Audit Department—who were shifted from the same building to Hajipur—had already been paid the CTG

Source reference: p. 5, 7

The applicants challenged the prolonged administrative delay and the denial of benefits.

Source reference: no citation
02

Issues

1. Whether the relocation of an entire office establishment from Patna to Hajipur entitles the relocated employees to a Composite Transfer Grant (CTG)

Source reference: p. 9, para. 2

2. Whether the requirement of a change of residence can be rigidly applied to deny CTG when employees are compelled to work at a different station involving a distance of more than 20 kilometers

Source reference: p. 9, para. 4

3. Whether the denial of CTG to Accounts Department employees while granting it to Audit Department employees shifted under identical circumstances constitutes arbitrary discrimination

Source reference: p. 10, para. 5
03

Law Applied

The Tribunal primarily applied Rule 1643(D) of the Indian Railway Establishment Code (IREC) and the Railway Board’s letter dated 24.08.2017, which delineate the conditions for the admissibility of the Composite Transfer Grant

Source reference: p. 4, 6

The Tribunal also applied the principle that "hyper-technical" interpretations of administrative rules should not be used to defeat the spirit of the rules, particularly regarding the distance criteria for transfers

Source reference: p. 9

Furthermore, it relied on the principle of parity and non-discrimination in administrative actions to ensure consistent application of rules across different departments under similar factual circumstances

Source reference: p. 10
04

Reasoning

The Tribunal found the respondents' interpretation—that CTG requires individual transfer orders and a mandatory change of residence—to be "too narrow and hyper-technical" given that the entire office establishment was relocated

Source reference: p. 9

It noted that the applicants were compelled to perform duties at a new station (Hajipur) involving increased travel distance, which satisfies the "essence of transfer"

Source reference: p. 9

The Tribunal highlighted that the respondents' own internal office notings (Nos. 93 and 96) admitted the claims were technically in order and that denying them would defeat the spirit of the rules

Source reference: p. 5, 9

Addressing the residence issue, the Tribunal held that a rigid insistence on shifting residence is unjustified when the relocation is an administrative consequence rather than a choice

Source reference: p. 9

Finally, the Tribunal ruled that the inconsistency in paying CTG to Audit staff while denying it to Accounts staff was arbitrary and unsustainable in law

Source reference: p. 10
05

Holding

The Tribunal held that the applicants are legally entitled to the Composite Transfer Grant (CTG).

It found the prolonged delay since 2020 in finalizing the claim to be unjustified

Source reference: p. 10

The O.A. was allowed, and the respondents were directed to consider and release the admissible CTG to the applicants in accordance with the rules within three months from the date of receipt of the order

Source reference: p. 10

No order as to costs was made

Source reference: p. 10
CAT - Patna

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VIJAY KUMARvsEAST CENTRAL RAILWAY

CAT - Patna · April 08, 2026

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