V.Ramasubramanian, J.

The Railway Administration has come up with the present batch of writ petitions challenging a common order passed by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad, allowing the applications filed by the contesting respondents in these writ petitions.

2. Heard Mr. L.Ravi Chander, learned Senior Counsel appearing for the Railway Administration and Mr. G.Vidya Sagar, learned Senior Counsel appearing for the contesting respondents in all the writ petitions.

3. The contesting respondents in these writ petitions were employed either as Station Masters or Station Superintendents or Assistant Station Masters. They filed individual applications before the Central Administrative Tribunal, complaining that though their requests for transfer to other Railway Zones had long been accepted, the orders of transfer were not issued for years together. Therefore, they sought appropriate directions in the original applications filed by them before the Tribunal.

4. The Railway Administration pleaded that due to a large number of vacancies, the Administration was not able to transfer the contesting respondents herein. In other words, the Railway Administration was not opposed in principle, to the request for transfer. On the other hand, the Administration accepted the requests for Zonal transfers and also passed orders.

5. In such a situation, the Tribunal took note of a Serial Circular No.175/2005 issued by the Railway Board, which mandates a time-bound programme to be drawn up. The Circular reads as follows:

SERIAL CIRCULAR NO.175/2005 No.P(R)676/II Date: 02-11-2005

Copy of Boards letter No.E[NG]I-2005/TR/22 dated 06-10-05 is published for information, guidance and necessary action

Copy of Boards letter No.E[NG]I-2005/TR/22 dated 06-10-05 (RBE No.170/05)

Sub: Inter Zonal request transfers on bottom seniority.

In terms of extant procedure request transfer from one Railway/Division/Unit to another Railway/Division/Unit are considered in recruitment grades on bottom seniority subject to the condition that the employee seeking transfer fulfills the condition of qualification for recruitment to the posts in the grade to which transfer is sought.

2. It has been brought to the notice of this Ministry that inter zonal request transfers are being withheld on account of existence of vacancies. Since request by Railway servants for transfer on bottom seniority are made on grounds of special cases of hardship, it has been decided that requests for inter zonal transfers may not be withheld on account of existence of vacancies. If, however, request for transfer are withheld in the exigency of service on account of existence of vacancies, a time bound programme should be chalked out to fill up the vacancies by direct recruitment or promotion, as the case may be.

6. In the light of the said Circular and in the light of the failure of the Railway Administration to draw up a time- bound programme, the Tribunal allowed the applications filed by the respondents, with a direction to the Administration to relieve the original applications in a phased manner within a period of six months from the date of receipt of a copy of the order. Aggrieved by the said order, the Administration has come up with the above writ petitions.

7. The grievance of the Railway Administration is that there are several roadblocks in the matter of filling up of all vacancies and that therefore if the respondents are relieved, without substitutes being posted in their places, the safety and security of the passengers and the trains may get jeopardised. The contention of the learned Senior Counsel for the Railway Administration is that no one can seek a Zonal transfer as a matter of right and that therefore the respondents may have to wait for their turn.

8. We have carefully considered the above submissions. As seen from the Serial Circular issued way back in the year 2005, the employees are entitled to make requests for transfer from one Zone to another. Such