Transfers must not violate policy safeguards and cannot undermine an individual's professional status under arbitrary conditions.

ORDER

Delivered by Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial)

Heard Shri Shyamal Narain, learned counsel for the applicant and Shri Prashant Mathur along with Shri Anil Kumar, learned counsel for the respondents.

2. Instant Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief(s):-

“a. quash and set aside the impugned transfer order dated 29.10.2025 (Annexure No.A-1 to Compilation No.I) with all consequential benefits to him.

b. Issue such other suitable orders or directions as might be found just and proper in the facts and circumstances of the present case.

c. Award the costs of this Original Application in favour of the applicant, throughout.”

3. The brief facts of the case, as emerging from the Original Application, are that the applicant is a Group ‘A’ Medical Officer of the Indian Railways possessing the qualifications of M.B.B.S. and M.D. (Medicine), besides a Diploma in Diabetes and certificate courses in Echocardiography and TMT. Prior to joining Railway service, he had worked as Senior Resident in the Cardiology Department of Sir Ganga Ram Hospital and thereafter as Senior Resident in the Department of Medicine at Safdarjung Hospital, New Delhi.

3.1 In pursuance of an advertisement issued by the Union Public Service Commission in the year 2002 for the post of Divisional Medical Officer (General Medicine), which was a Specialist post, the applicant applied and was selected. His name appeared at Serial No. 6 in the recruitment result published in July, 2002.

3.2 Consequent upon his selection, the applicant completed the prescribed pre-appointment formalities and was offered appointment by the Railway Board to the Group ‘A’ post of Divisional Medical Officer (Specialist) in January, 2003. He joined service as DMO/Trainee and thereafter continued in service as a Specialist Physician.

3.3 The applicant joined the Railways in Senior Scale in the year 2003 and was subsequently promoted to Junior Administrative Grade in 2008, Selection Grade in 2012 and Senior Administrative Grade in 2019. He has thereafter been granted Higher Administrative Grade (Non-Functional) with effect from 18.04.2025. At the relevant point of time, he was posted as Additional Chief Medical Superintendent (Physician) at the Divisional Railway Hospital, Jhansi.

3.4 The Railways framed a Comprehensive Transfer Policy in the year 2015 governing fresh transfer orders. Vide order dated 29.10.2025, the applicant was transferred from the Divisional Railway Hospital, Jhansi to the Health Unit, Mirzapur. The said transfer order was followed by relieving orders dated 30.10.2025 and 31.10.2025. It is stated that at the time of issuance of the relieving orders, the applicant was under medical treatment at Government Medical College, Jhansi.

3.5 Aggrieved by impugned transfer order from the Divisional Railway Hospital, Jhansi to the Health Unit, Mirzapur, the applicant has approached this Tribunal by filing the present Original Application.

4. This Tribunal vide order dated 21.11.2025 granted time to the learned counsel for the respondents to obtain instructions from the department. In compliance thereof, learned counsel for the respondents has placed on record a communication dated 30.11.2025 containing the instructions received from the department, which has been taken on record.

5. As per the instructions placed on record by the respondents, it is stated that the applicant, Dr. Mahendra Singh Yadav, ACMS/General Physician, is a Group ‘A’ officer belonging to the Floating Cadre of the Indian Railway Medical Services (IRMS). He has been transferred and posted as Additional Chief Medical Superintendent at the Health Unit, Mirzapur, against an existing vacancy. It is further stated that he is a General Physician