CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH, BENGALURU ORIGINAL APPLICATION NO.170/00248/2025 DATED THIS THE 06^TH DAY OF JANUARY, 2026 CORAM:

HON’BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)

HON’BLE DR. SANJIV KUMAR, MEMBER (A)

Sri J. Shiva kumar S/o Maruthi, Age 36 years, Working as ASST.TECH/C&W/HPT South Western Railway, Hubballi Division, Hubballi 580 020 R/o C/o Maruthi J 10/C, Near Anjaneya Temple Shiganahalli-3 Bannigola Vijayanagara 583 224 .... Applicant (By Shri M. Raghavendrachar, Advocate-through video conference)

Vs.

1. The General Manager, South Western Railway Hubbali 580 020

2. The Divisional Railway Manager, South Western Railway, Hubballi Division, Hubballi 580 020 3. The Divisional Personnel Officer, South Western Railway, Hubballi Division, Hubballi 580 020

4. Coaching Depot Office, Senior Section Engineer (C&W)

South Western Railway Hubballi 580 020 .… Respondents (By Shri H.R. Sreedhara, ACGSC – through video conference)

O R D E R (ORAL)

PER: JUSTICE S. SUJATHA, MEMBER (J)

This application is filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“i. Wherefore the applicants prays that this Hon’ble Tribunal pleased to set aside order bearing No. P,12/Misc/C&W/UBL dated 23.03.2025 vide Annexure A3 passed by Respondent No.

4.

ii. Issue such other direction as deems fit in circumstance of the case and award the cost.”

2. The applicant who was working as Assistant Tech/Carriage&Wagon/HPT in Hospete Division was transferred to Hubballi Division on deputation basis vide order dated 03.10.2024 (Annexure A2), however, he has been reverted back to Hospete vide impugned order dated 23.03.2025 (Annexure A3). Being aggrieved, the applicant has preferred this OA.

3. Learned counsel Shri M. Raghavendrachar representing the applicant would submit that the applicant worked at Hubballi Division only for six months and he has been transferred back to Hospete. In the absence of adverse remarks, transferring the applicant is not justifiable. Referring to Clause 4.2 (i) of the Master Circular No. 24 dated 17.08.2023, learned counsel submitted that the junior-most employee should be transferred first, even on administrative grounds. The applicant stands at Sl. No. 5 in terms of the list prepared by the respondents indicating number of employees working in Grade I to III. The representation submitted by the applicant for cancelling the impugned relieving order has remained unconsidered. The impugned transfer/relieving order being arbitrary and discriminatory, requires to be quashed.

4. Learned counsel Shri H.R. Sreedhara representing the respondents submitted that the applicant was transferred to Hubballi Division on 03.10.2024 on deputation basis. Continuation at a deputed post depends on the administrative convenience and the availability of work. Performance alone cannot be treated as the sole criteria for detention at a deputed post. Transfer is an incidence of service. Mere making of representation does not invalidate a lawful administrative transfer. The applicant's representation was duly considered, but in the larger administrative interest, transfer was upheld. The impugned order does not suffer from any illegality or arbitrariness.

5. Heard the learned counsel for the parties and perused the material on record.

6. Given the circumstances, the main ground urged by the learned counsel for the applicant inasmuch as Clause 4.2 (i) of the Master Circular No. 24 dated 17.08.2023 that the junior most employee should be transferred first is wholly misconceived. Clause 4.2 (i) of the Master Circular No. 24 – Transfer Guidelines reads thus:

“4.2 (i) Whenever any curtailment in a cadre takes place and Railway employees have to be transferred, as a general rule, the junior most employees should be transferred first.

(Ref: Board’s letter No. E(NG)66/TR2/20 dated 27.7.66)”

7. This clause would be applicable only in cases where any curtailment in a cadre is established and railway employees have