JUDGMENT :

AKIL KURESHI, J.

1. Petitioner, original respondent No. 3, has challenged a judgment dated 27.07.2011 in O.A. No. 171 of 2010 with M.A. No. 344 of 2010 passed by the Central Administrative Tribunal, Ahmedabad. Brief facts are as under.

2. Petitioner was appointed in the railway administration in 1976. On 11.10.1980, he was absorbed in Electrical Department as Instrument Mechanic Gr.III. On 09.07.1983, he was promoted as Instrument Mechanic Gr.II in the same department. In the year 2002 when the petitioner was working in Speedometer Section of Bhavnagar Electrical Workshop as Instrument Mechanic Gr.I that section was closed down by the railway administration with effect from 14.05.2002 due to transfer of activity to Diesel Shed. Three employees, including the petitioner, thus became surplus and had to be absorbed elsewhere as per policy of the railways. From the reply filed by the railway administration to the O.A. filed by respondent No. 1 herein, it appears that, while other two employees were so absorbed, due to oversight, since the petitioner was discharging his duties elsewhere temporarily, in his case transfer was not effected at the relevant time. Later on this error