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2022 Supreme(Ori) 285
IN THE HIGH COURT OF ORISSA AT CUTTACK
B.R. SARANGI, SANJAY KUMAR MISHRA, JJ.
K. Lalitendu Kumar – Petitioner
Versus
Union of India and Others – Respondents
W.P. (C) No. 29466 of 2011
Decided On : 04-08-2022
Advocate Appeared:
For the Petitioners: N.R. Routray, S. Mishra, T.K. Choudhury, S.K. Mohanty.
For the Respondents: P.K. Parhi, D. Gochhayat.
The main legal point established in the judgment is that the exercise of option by the petitioner to serve in the newly created East Coast Railway Headquarters should have led to his absorption in the same Division without the need for fresh options.
Headnote:
Railway Employee - Transfer Dispute - RBE No. 117/2002, RBE No. 162/2004, RBE No. 123 of 1996, RBE No. 9/1998 - The court discussed the options called for from staff to serve in the newly created Railway Zones, determination of seniority of staff on transfer to the new Zones, and the modified Scheme for filling up of the post of Loco Running Supervisors and Power Controller/Crew Controller. The court highlighted the petitioner's exercise of option to serve in the newly created Headquarters Office of East Coast Railway and the erroneous finding of the Tribunal regarding repatriation and absorption of the petitioner in East Coast Railway.
Fact of the Case:
The petitioner sought to quash the order of repatriation and approval and requested to be absorbed in East Coast Railway Headquarters at par with similarly situated employees. The petitioner had exercised the option to serve in the newly created East Coast Railway Headquarters but was repatriated to his Parent Division after completion of tenure.
Finding of the Court:
The court found that the petitioner's service had been placed in East Coast Railway after exercising the option and that there was no valid reason not to absorb the petitioner in the same Division. The court quashed the orders of repatriation and directed the Opposite Parties to absorb the petitioner in East Coast Railway without inviting any fresh option from him.
Issues: The main issue was whether the petitioner was an optee as per RBE No. 123 of 1996 followed by the letter dated 02.01.2003 or drafted to East Coast Railways Headquarters as per RBE No. 9/1998.
Ratio Decidendi: The court held that the petitioner's exercise of option to serve in the newly created Headquarters Office of East Coast Railway and the erroneous finding of the Tribunal regarding repatriation and absorption of the petitioner in East Coast Railway were crucial in reaching the decision.
Final Decision: The Writ Petition was allowed, and the court directed the Opposite Parties to absorb the petitioner in East Coast Railway without causing any further delay and without inviting any fresh option from him.
JUDGMENT :
B.R. SARANGI, J.
1. The Petitioner, who was then working as Chief Diesel Power Controller under Chief Mechanical Engineer, East Coast Railways, Bhubaneswar, has filed this Writ Petition seeking to quash the common order dated 24.10.2011 passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack, in O.A. Nos. 245, 250 and 251 of 2009 in Annexure-1, by which the prayer of the Petitioner and two others to quash the order of repatriation dated 08.05.2009 and the order of approval dated 10.04.2009 was rejected. The Petitioner further seeks for a direction to the Opposite Parties to absorb him regularly in East Coast Railway Headquarters at par with similarly situated employees.
2. The factual matrix of the case, in brief, is that the Petitioner initially joined in South Eastern Railway on 19.09.1995 as Assistant Loco Pilot under Senior D.M.E. Sambalpur and at the time of filing this Writ Petition, he was working as Chief Diesel Power Controller under Chief Mechanical Engineer, East Coast Railway, Bhubaneswar.
2.1 The Government of India, Ministry of Railways, vide R.B.E. No. 117/2002 dated 19.07.2002, issued a Notification calling upon options from staff to serve in the Headquarters of the newly created Railway Zones. As per the Notification, the then South Eastern Railway was bifurcated and the East Coast Railway was carved out. The Headquarters of East Coast Railway is situated at Chandrasekharpur, Bhubaneswar, Orissa.
2.2 After formation of East Coast Railway, Opposite Party No. 2, vide order dtd.02.01.2003, called upon options from staff to serve in the Headquarters of the New Railway Zones and with regard to determination of seniority of staff on transfer to the new Zones with reference to Railway Boards letter dated 19.07.2002. Accordingly, in the said order dated 02.01.2003 option was called for from the employees working in South Eastern Railway for posting to Headquarters office of East Coast Railway in terms of Railway Boards letter dated 19.07.2002.
2.3 The Petitioner submitted his option, pursuant to the Notification dated 02.01.2003, along with other staff to serve in the newly created Zonal Headquarters, namely, East Coast Railway. After receiving options from the eligible staff, the then Deputy Chief Personnel Officer, vide order dated 21.02.2003, prepared two lists of optees, i.e. one was optees from other than Headquarters Office of South Eastern Railway, and also adjacent Divisions of South Eastern Railway and another was optees of Foreign Railway other than South Eastern Railway. The name of the Petitioner along with the others found place at Annexure-II of the list of optees of the first category.
2.4 Opposite Party No. 2, vide order dated 13.03.2003, prepared a list of six optees with approval of the Competent Authority and issued the option transfer orders to Power Control under Mechanical Department of East Coast Railway Headquarters in the interest of Administration. In the said list, the name of the Petitioner found place at S. No. 5. Request was also made for release of the staff within 10 days. Accordingly, the Divisional Railway Manager (P), Sambalpur, vide Office Order No. 20/2003 dated 03.04.2003, released six optees from his control as per order dated 13.03.2003 issued by Opposite Party No. 2. In the said order, the name of the Petitioner found place at S. No. 4. The Petitioner on 25.04.2003 reported to his duty and posted to the Mechanical Department of East Coast Railway Headquarters. In the said order, it was mentioned that his lien will be maintained in his Parent Division/Lien Unit till such time the cadre of East Coast Railway Headquarters is finally formed.
2.5 Sri. P. K. Pattnaik and Shri S.C. Behera, whose name respectively found place at S1.Nos.1 and 2 of the order dated 13.03.2003 and 03.04.2003, were regularly absorbed in the East Coast Railway Headquarters immediately just after their posting. As such, the Petitioner and other optees placed their grievance before the Compete
