Inter-divisional transfers must consider the date of registration for seniority placement, not merely the date of joining the division, ensuring fairness in administrative decisions.

ORDER :-

Justice K. Haripal, Judicial Member

The applicant is a Senior Assistant Loco Pilot in Trivandrum Division. He commenced service as Diesel Assistant in Guntur Division of South Central Railway and then was transferred to Madurai Division of Southern Railway. In Madurai, he became a Senior Assistant Loco Pilot. Then, under inter divisional transfer, himself and one Sri. S. Suresh Kumar were mutually transferred under Annexure A-1 order dated 28.12.2012, whereunder he was transferred to Trivandrum Division, whereas, Sri S. Suresh Kumar was transferred to his place in Madurai Division. Before granting such a transfer on his request, he was reverted as Assistant Loco Pilot. Alleging that such transfers were done in violation of Annexure A-2 circular of the Railway Board touching inter divisional transfer, 13 officials of the Railway in the category of Assistant Loco Pilot moved this Tribunal with OA 12/2013. That OA was allowed on 13.08.2013. In OP(CAT) 5/2014, that order was confirmed, however, the Hon'ble High Court slightly modified the same. The Hon'ble Supreme Court dismissed the SLP. Thereafter, Annexures A-6 and A-7 seniority lists were published by the respondents on the lines of Annexures A-3 to A-5, however, placing the applicant below certain non- applicants in OA 12/2013, the benefits of the same are not applicable to the non-applicants.

2. Learned Counsel for the applicant submitted that his position shown in Annexures A-6 and A-7 are not in terms of the directions issued by this Tribunal. In the provisional seniority list, earlier he was placed at sl. No. 54 and now he has been placed at sl. No.82 in Annexure A-6 and 59 in Annexure A-7. In the light of Annexure A-3 order, he is entitled to be placed at sl. No. 77 in Annexure A-6 and 55 in Annexure A-7. Thus, according to the applicant, Annexures A-6 and A-7 have been prepared illegally, contrary to the directions issued by this Tribunal. Though he gave Annexures A-8 and A-9 representations, that have not been considered properly. At last, Annexure A-10 order has been issued. It is claimed that his seniority has been fixed correctly.

3. The applicant has moved this Tribunal for calling for the records leading to Annexures A-6, A-7 and A-10 and to quash the same, for a declaration that the applicant is entitled to be placed immediately after Aby Peter George in the seniority list of Senior ALPs and above respondents 4 to 10 in compliance with Annexure A-3, for a declaration that his seniority is to be fixed on the basis of his date of joining the Trivandrum Division on inter divisional mutual transfer on bottom seniority.

4. Inter alia, it is submitted that in Annexure A-3, official address of the applicant alone was furnished and he did not get notice and he could not defend the case. Respondent Nos. 4 to 10 were not parties to the earlier proceedings. They were always juniors to the applicant. They had entered Railway Service as Assistant Loco Pilots in different divisions, much later than the applicant. Respondent Nos. 9 and 10 were transferred to Trivandrum Division on inter-divisional mutual transfer much later than the applicant. Respondents 4 to 8 though juniors t