CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA No. O.A. 350/01259/2019 Heard on 08.05.2025 Date of order: 22.05.2025 Present : Hon’ble Mr. Anindo Majumdar, Administrative Member SHRI AJAY KUMAR MANDAL, son of Shri Madho Mandal, aged about 42 years, residing at Lakshikantapur, Natta Math, Railway Quarter No. 50/4, Post Office-Ghateswara, Police Station-Mandir Bazar, District- 24-Parganas (South), Pin-743343 and presently working to the post of Trackman-II under Senior Section Engineer (Permanent Way), Baruipur, Sealdah Division, Eastern Railway, Kolkata-700144.

…….. Applicant. - V E R S U S –

1. UNION OF INDIA service through the General Manager, Eastern Railway, Kolkata, 17, N.S. Road, Fairlie Place, Kolkata-700001.

2. THE DIVISIONAL RAILWAY MANAGER, Eastern Railway, Sealdah Division, DRM Building, Kaiser Street, Kolkata - 700014.

3. THE SENIOR DIVISIONAL ENGINEER (C), Eastern Railway. Sealdah Division, Kaiser Street, Kolkata - 700014.

4. THE SENIOR SECTION ENGINEER (PERMANENT WAY), Eastern Railway, Sealdah Division, Baruipur, District- 24-Parganas (South), Kolkata-700144.

5. SHRI TAHARUL PAIK, Trackman-IV, under Senior Section Engineer (Permanent Way), Asansol Division, Eastern Railway, District-

Burdwan, Pin-

……. Respondents.

For the Applicant : Mr. P.C. Das, Counsel Ms. T. Maity, Counsel For the Respondents : Mr. A.K. Dasgupta, Counsel O R D E R In accordance with the order of the Hon’ble Chairman, CAT, Principal Bench, dated 10.09.2021 issued under Sub -Section (6) of Section 5 of the Administrative Tribunals Act, 1985, this matter can be taken up by a Bench consisting of a single Member. Accordingly, this matter is taken up for disposal by this Single Bench.

2. The applicant has filed this Original Application, seeking the following relief(s):

“a) To quash and/or set aside the impugned office order dated 02.02.2019 issued by the Senior Section Engineer (Permanent Way), Eastern Railway, Sealdah Division, Baruipur by which the prayer of the applicant for cancellation of his Inter Railway Mutual Transfer Application has not been considered and rejected by violation of the Railway Board's Circular and also by violation of the Railway Board's instruction to that effect being Annexure A-5 of this original application.

b) To pass an appropriate order directing upon the respondent authority that in terms of the Railway Board's Circular being RBE No. 53 of 2006 dated 12.05.2006 and RBE No. 131 of 2017 dated 22.09.2017 the prayer for cancellation of Inter Railway Mutual Transfer Application of the applicant may be accepted and further direct the respondents to allow the applicant to resume duty to the post of Trackman-II under Senior Section Engineer (Permanent Way).

Baruipur, Sealdah Division, Eastern Railway, Kolkata-700144.

c) To pass an appropriate order directing upon the respondent authority that in the light of the Railway Board's Circular being RBE No. 53 of 2006 dated 12.05.2006 and RBE No. 131 of 2017 dated 22.09.2017 and in the light of the landmark decision of this Hon'ble Tribunal dated 28.06.2019 in OA No. 350/778/2019 in the case of Sri Manish Kumar -vs- South-Eastern Railway, the prayer for cancellation of Inter Railway Mutual Transfer Application of the applicant may be accepted as because such prayer of Inter Railway Mutual Transfer Application of the applicant and the private respondent was not considered by the railway authority in a stipulated time in terms of the Railway Board's instruction;”

3. The applicant is at present working to the post of Trackman-II at Baruipur, Sealdah Division, Eastern Railway. He had submitted an application dated 3.11.18 seeking Inter Divisional Mutual Transfer with Shri Taharul Paik. The said application was signed by both Shri Ajay Kumar Mandal and Shri Taharul Paik (Annexure R/2). The Senior Divisional Engineer/ Co-ordination, Eastern Railway, Sealdah forwarded the said joint application of Shri Ajay Kumar Mandal and Shri Taharul Paik to the Sr. Divisional Personnel Officer, vide his l