No absolute right to spouse posting transfer absent specific post vacancy; reservations inapplicable to transfers but roster compliance mandatory.

ORDER

Per : Hon’ble Shri Lok Ranjan, Member (A)

The present Original Application had been filed against the impugned letter dated 16.10.2024, whereby the Advocate’s Notice for Demand of Justice dated 23.09.2024 on behalf of the Applicant for inter-Division Transfer [referred also as I.R.T. hereafter, sinceit was covered by the same guidelines as that for inter-Railway Transfer] on spouse grounds, from Jabalpur Division to Kota Division, both under West Central Railway (W.C.R.), had been decided upon and not acceded to.

2. Based on the pleadings of the parties, the relevant matrix of facts had emerged to be as follows briefly. The Applicant was working as Senior Nursing Superintendent (Sr. N.S.) in New Katni Sub-Divisional Railway Hospital, when vide application dated 12.06.2024 he had requested for transfer from Jabalpur Division to Kota Division of W.C.R. on spouse ground – since his wife was working as Trained Graduate Teacher (T.G.T.)/Science in P.M. SHRI School Jawahar Navodaya Vidyalaya (JNV) at village Pachpahad, District Jhalawar, Rajasthan. The same had been approved for transfer-out by the Jabalpur Division of W.C.R. on 15.07.2024, but was pending before the Kota Division for issuing No-Objection Certificate/approval regarding acceptance of transfer-in of the Applicant to Kota Division.

Hence, an Advocate’s Notice for Demand of Justice dated 23.09.2024 had been served upon the Respondents on behalf of the Applicant. The same had been responded to vide the letter dated 16.10.2024 of the office of Respondent No.3, i.e., the Divisional Railway Manager (D.R.M.) (Personnel), Kota Division, while mentioning inter alia – that the name of the Applicant had been registered at Sl. No.16 for transfer-in to Kota Division under inter-Division Transfer on own request and at Sl. No.1 for inter- Division Transfer on spouse grounds ; that there were 44 sanctioned posts in various grades of Nursing cadre at Kota Division, out of which there were 09 Direct Recruitment (D.R.) posts of N.S., including (01 ST-reserved post) ; that as against such 09 D.R. posts of N.S., 11 employees (including 03 of ST- category) were already working ; and that hence, it was not possible to convey No-Objection for inter-Division Transfer of the Applicant due to 02 ST-category employees working at Kota Division in excess of sanctioned D.R. ST-posts of N.S. ; and action would be possible only when a vacancy in the D.R. post of N.S. of ST-category would arise in future.

3. Aggrieved by the same, the Applicant had filed the present O.A. seeking for the substantive reliefs inter alia that the impugned Letter dated 16.10.2024, issued by the Respondent No.4, i.e. the Senior Divisional Personnel Officer (Sr. D.P.O.), Kota Division of W.C.R., be quashed and set aside ; and that Respondents be directed to transfer the Applicant on own- request/spouse grounds from Jabalpur Division to Kota Division, both under W.C.R..

4. It was the case of the Applicant that the Master Circular No.51 (date not specified) on the subject of ‘Reservation for SC/ST to Railway Service’ had categorically specified that reservations do not apply to vacancies filled by transfer. Also, with respect to Nursing Cadre posts in Kota Division of W.C.R., as against the 44 total sanctioned posts, a total of 43 employees were working – thus there was one vacant post in the Nursing Cadre as a whole. Also, since it was the admitted position vide impugned letter dated 16.10.2024 of the Respondents that 02 extra employees had been accommodated in Kota Division of W.C.R., it was the Applicant’s cla