CENTRAL ADMINISTRATIVE TRIBUNAL
M. Swaminathan, J
Ashutosh Kumar – Appellant
Versus
Union of India – Respondent
O.A./794/2025
| Table of Content |
|---|
| 1. application seeks transfer relief due to delayed processing. (Para 1 , 2 , 3) |
| 2. transfer rights are subject to administrative priorities. (Para 4) |
| 3. court mandates timely action based on established guidelines. (Para 5) |
| 4. decision to process transfer in line with regulatory directives. (Para 6 , 7) |
(Pronounced by Hon'ble Mr. M. Swaminathan, Member(J))
In the instant OA, the applicant seeks the following relief:
“to call for the records related to the request made by the applicant for transfer registered and No objection received by the 2nd respondent on 26.06.2024 and to direct the respondents to relieve the applicant forthwith and to issue necessary relief memo to enable the applicant to carry out transfer to Prayagraj Division in North Central Railway with all benefits as per the Rules and the Railway board orders and to order further order/orders as this Tribunal may deem fit and proper and thus render justice.”
2. When the matter was taken up for admission hearing, it was submitted by the learned counsel for the applicant that a request was made by the applicant for transfer and no objection certificate was received by applicant on 26.06.2024. Despite approval of his transfer, he has not been relieved and therefore, applicant has approached this Tribunal.
3. The learned counsel for the applicant has drawn our attention to the directions issued by the Railway Board dated 26.11.2019 wherein matters relating to the delay in relieving employee after approval of his transfer has been considered and it is stated that where delay in relieving of the employee after orders are issued exceeds three months, the case should be put up to DRM/CWM stating specific reasons for delay and likely date of relieve.
4. Dr. D. Simon who appeared for respondents submits that transfer is not a matter of right and his relieving order will be given in accordance with priority list.
5. I have considered submissions made by both the counsels. It is observed that approval has been given on 26.06.2024 and more than one year has lapsed since and the applicant has not been relieved. It appears that the order of Railway Board dated 26.11.2019 has not been considered by the respondents.
6. Therefore, OA is disposed of with direction to the competent authority among the respondents to take necessary action in accordance with order of the Railway Board dated 26.11.2019 and forward the case of applicant to DRM/CWM for its consideration within a period of two weeks from the date of receipt of a copy of this order.
7. Accordingly, OA is disposed of with the direction as above. No order as to costs.
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