Transfer Requests: Employee Right to Transfer Not Fundamental, but Hardship Merits Sympathetic Consideration.

The applicant, Pranav Sharma, was appointed as a Junior Engineer (Drawing/Design) on October 12, 2020, in the Ferozepur Division.

In 2023, a new Drawing/Design Branch opened at Jammu Tawi, requiring staff transfers.

The applicant sought a transfer to Jammu Tawi on compassionate and family grounds, submitting representations on March 20, 2023, and through the HRMS portal on March 29, 2023.

He was the sole applicant for the Jammu Tawi station, and his case was forwarded on March 26, 2023.

Despite his applications, other employees who had not opted for Jammu Tawi were transferred, including one on June 13, 2024, while the applicant's request remained unaddressed.

He sent further representations on June 21, 2024, and July 4, 2024, highlighting family medical conditions and the Railway transfer policy mandating the transfer of the junior-most employee first.

Subsequently, on July 18, 2024, the respondents issued an order transferring Respondent No. 4, Rishab Vashisht, another Junior Engineer, to Jammu Tawi on administrative grounds, which the applicant contended was contrary to the Railway Board's Master Circular dated August 17, 2023.

The respondents averred that Respondent No. 4's transfer was based on administrative grounds and the transfer policy, and the applicant's representation was under consideration.

1. Whether the respondents' transfer of another Junior Engineer to Jammu Tawi on administrative grounds, while ignoring the applicant's earlier request for transfer on compassionate grounds, was contrary to applicable Railway transfer policy and guidelines.

2. Whether the applicant, despite not having a fundamental right to transfer, is entitled to have his representation considered sympathetically within the policy framework applicable to transfers.

The court's decision was primarily guided by the principles of natural justice, emphasizing that while an employee does not have a fundamental right to seek a transfer, organizational rules and transfer policies must be balanced with considerations for individual hardships.

The Railway Board’s Master Circular dated August 17, 2023, concerning transfer policies, was also referenced by the applicant.

The Tribunal acknowledged the respondents' assertion that an employee does not possess a fundamental right to demand a transfer.

However, it found it would be in line with natural justice to direct the respondents to consider the applicant's grievance.

The court reasoned that the employer's transfer policy and guidelines should provide scope for addressing individual hardships.

The applicant's repeated attempts to secure a transfer to Jammu Tawi due to family medical conditions, coupled with the transfer of others who had not opted for the station, indicated a potential imbalance between policy application and individual circumstances.

The court did not explicitly opine on whether the transfer of Respondent No. 4 specifically violated the policy but focused on the general principle that all transfer requests should be evaluated with "sympathetic" consideration, especially when hardships are cited, and within departmental policy.

The Tribunal directed the respondents to consider the applicant’s representation in a sympathetic manner, within the policy framework governing transfers in the respondent department.

This exercise was ordered to be completed within four weeks from the date of receipt of the order, with the decision communicated to the applicant forthwith.