Facts
The applicants (18 in total) are Track Maintainers posted at the Jamalpur Workshop, Bihar. Historically, they and the "Permanent Way" assets were under the administrative control of the Chief Works Manager (CWM), Jamalpur
Source reference: para. 2By orders dated 31.01.2025 and 24.09.2025, the respondents transferred the administrative control of the applicants’ establishment and assets to the Assistant Divisional Engineer (ADEN), Jamalpur, under the Malda Division
Source reference: para. 2The applicants challenged this change in control, arguing it violated transfer norms and requesting a stay or a transfer to other departments under CWM, Jamalpur
Source reference: para. 1, 3A previous challenge led to a reasoned order by the respondents on 24.09.2025 rejecting their representation, which is the subject of the current O.A.
Source reference: para. 2Issues
1. Whether the administrative decision to transfer the control of an establishment from one division to another violates the service rights of the employees or requires their consent
Source reference: para. 62. Whether the provisions of Master Circular No. 24 regarding employee transfers are applicable to a change in administrative control where the employees remain in the same location and post
Source reference: para. 6Law Applied
The Tribunal applied the principle that the control of an establishment is a matter of administrative policy and executive domain, aimed at enhancing administrative efficiency
Source reference: para. 6Railway Board Master Circular No. 24, which governs the transfer of Railway employees on "own request" or "mutual transfer" bases
Source reference: para. 3(ii), 4(iii)administrative decisions cannot be interfered with unless they violate statutory rules or adversely affect the legal rights or service conditions (such as seniority or pay) of the employees
Source reference: para. 6Reasoning
The Tribunal observed that the applicants were not being physically transferred or moved from their current posts; they continue to perform the same duties at the same location inside Jamalpur Workshop
Source reference: para. 4(iv), 6The court noted the respondents' assurance that a separate cadre and bill unit had been created for these staff members under the Malda Division, ensuring their seniority and promotion prospects remain protected
Source reference: para. 4(ii), 6Consequently, the Tribunal found that the applicants failed to show any prejudice or loss of service benefits
Source reference: para. 6Regarding Master Circular No. 24, the Tribunal held it was inapplicable because that circular deals with individual transfers (often requested by employees), whereas the present case involves an administrative restructuring
Source reference: para. 6The court emphasized that it is not the prerogative of an individual employee to question policy decisions made for better supervision of assets unless a legal lacuna or violation of a statutory rule is proven
Source reference: para. 6Holding
The Tribunal answered the issues in the negative, holding that the change in administrative control was a valid policy decision that did not adversely affect the applicants' service rights
The Tribunal dismissed the Original Application (O.A. 1754/2025) and the Miscellaneous Application (M.A. 217/2026) for interim relief. No costs were awarded.
Source reference: para. 8Original Court PDF
Dinesh KumarvsEASTERN RAILWAY
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