Prior NOCs cannot justify indefinitely withholding inter-railway transfers due to staffing shortages.

The 17 applicants, employed as Loco Pilots, Senior Assistant Loco Pilots and related categories in the Trivandrum Division of Southern Railway, had sought inter-Railway/inter-divisional own-request transfers to the Jaipur Division of North Western Railway.

Their transfer requests had been forwarded and NOCs were issued during 2024–2025, but they were not relieved despite the passage of considerable time.

The Railway authorities opposed the application on the ground that Trivandrum Division was facing an acute shortage of Loco Pilots and that relieving all the applicants would adversely affect operations.

The disclosed figures showed 738 sanctioned posts, 618 employees in position and 120 vacancies, with category-wise vacancies of 20 among Loco Pilots (Goods) and 9 among Shunters.

Whether the respondents could refuse to relieve the applicants for inter-Railway transfer after their transfer requests had been processed and NOCs had been issued, on the ground of staff shortage.

Whether the applicants were entitled to immediate or phased relief and transfer to Jaipur Division, having regard to the operational requirements of Trivandrum Division.

The Tribunal applied the Railway Board’s transfer policy governing inter-Railway/inter-divisional transfers of non-gazetted Railway employees, including RBE No. 83/2023, under which such transfers are to be processed on priority, wherever feasible, and are ordinarily considered when vacancies remain within the prescribed permissible limit of 10%.

The governing principle was that administrative exigency and staff shortage may justify regulating the timing of relief, but cannot be invoked belatedly and mechanically after the department has processed the transfer requests and issued NOCs, particularly where the relevant staff position and operational feasibility had already been considered.

The Tribunal also applied the principle that relief may be structured or phased where simultaneous release of all employees could materially affect the functioning of the concerned Division.

The Tribunal acknowledged that Trivandrum Division had substantial vacancies and that the shortage of Loco Pilots could not be lightly disregarded.

However, it found that the applicants’ transfer requests had been forwarded and NOCs had been issued after the Railway authorities had the opportunity to assess their staff strength and operational requirements.

The respondents therefore could not, at such a belated stage, rely solely on staff shortage to indefinitely withhold relief.

The appointment of 43 Assistant Loco Pilots, transfers of personnel into Trivandrum Division, and the existence of category-wise vacancies weakened the respondents’ contention that no relief could be granted at all.

At the same time, because there were 17 applicants and their simultaneous release could substantially affect work arrangements, the Tribunal balanced the applicants’ transfer rights against administrative exigency by directing phased relief according to the date of registration of their transfer requests.

The Original Application was accordingly disposed of, with no order as to costs.