Facts
The applicant, a Station Master in the North Central Railway’s Prayagraj Division, sought an inter-divisional transfer to Samastipur Division in 2018.
Source reference: para. 3His application was forwarded by the Prayagraj Division on 30 April 2019, and he was initially listed at Serial No. 52. After the transfer process moved to the HRMS/UDIT Transfer Module, his position appeared differently in successive lists, including Serial No. 475, although his priority was stated to be Serial No. 311. He sought correction of his position and processing of his transfer application under the applicable rules.
Source reference: para. 3–4At the hearing, he agreed to submit a fresh representation, and the respondents did not oppose its consideration under the extant rules.
Source reference: para. 5–6Issues
1. Whether the applicant’s claimed priority in the inter-divisional transfer waiting list should be reconsidered in light of the forwarding letter dated 30 April 2019.
Source reference: para. 4, 72. Whether the Tribunal should direct the competent authority to decide the applicant’s representation concerning correction of his waiting-list priority.
Source reference: para. 5–7Law Applied
The order cites no specific statute, regulation, or precedent.
Source reference: para. 6–7It proceeds on the basis that the competent authority should consider the applicant’s representation in accordance with the extant rules and issue a reasoned and speaking order.
Source reference: para. 6–7Reasoning
The Tribunal did not determine the applicant’s entitlement to a particular place in the waiting list.
Source reference: para. 5–7Given the applicant’s undertaking to submit a fresh, comprehensive representation and the respondents’ no-objection to its consideration, the Tribunal directed the competent authority to reconsider the priority issue, specifically taking account of the 30 April 2019 forwarding letter, and to decide the matter by a reasoned order.
Source reference: para. 5–7Holding
The Original Application was disposed of at the admission stage.
The applicant was directed to submit a fresh comprehensive representation to Respondent No. 4/competent authority within two weeks of receiving a certified copy of the order. The authority was directed to reconsider his waiting-list priority in light of the 30 April 2019 letter and pass a reasoned and speaking order within three months of receiving the representation.
Source reference: para. 7–9No order was made as to costs, and any pending miscellaneous applications were disposed of.
Source reference: para. 7–9Original Court PDF
Prabhat Kumar SrivastwavsNORTH CENTRAL RAILWAY
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