CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH Dated this the 28^th day of November, Two Thousand Twenty Five CORAM :

HON'BLE MR M. SWAMINATHAN, JUDICIAL MEMBER Ambily K.M.

W/o Binulal Ben, NO.13-A, Swami Illam, Old Employment Via Opp to Diesel Loco Shed, Erode.. .. Applicant By Advocate M/s. S. Conscious Ilango Vs.

1. Union of India rep by The Divisional Railway Manager, East Railway Colony, Suramangalam, Salem.

Tamil Nadu.

2. Divisional Railway Manager, DRM Complex, Southern Railway, Thycaud, Thiruvananthapuram Kerala. .. Respondents By Advocate Dr. D. Simon

ORAL ORDER

(Pronounced by Hon'ble Mr. M. Swaminathan, Judicial Member)

This OA has been filed by the applicant seeking the following relief:

st “ to direct the 1 respondent to relieve the applicant from DRM(P) Salem/Southern Railway within a time to be fixed by this Hon’ble Tribunal thereby enabling the nd

2 respondent to permit the applicant ot join duty as Technician Grade I in Assistant Loco Shed/(Helper) in nd Trivandrum Unit as per the sanction granted by the 2 respondent viz., the competent authority and pass such other suitable orders and thus render justice.”

2. Brief facts of the case, as submitted by the applicant are as follows:

The applicant is working as Technician Grade-I (Mechanical) at Erode Diesel Loco Shed, Salem Division. The applicant has applied for a request transfer from the present station at Erode of Salem Division to Thiruvananthapuram Division. The applicant’s Inter-Divisional Transfer (IDT) application was approved by the 1st respondent, viz., the competent authority, as early as on 09.05.2024 and was forwarded to the recipient unit, viz., DRM, Trivandrum. Thereafter, considering the applicant’s request for IDT, the 2nd respondent, viz., the competent authority, also approved the applicant’s request for IDT on bottom seniority on 09.08.2024. In spite of the applicant’s best efforts, the 1st respondent has not chosen to relieve the applicant from the present unit of DRM(P)/Salem/Southern Railway, and due to the delay in relieving her, the applicant is suffering considerably. In these circumstances, the applicant submitted a representation dated 12.07.2025 requesting that she be relieved at the earliest. However, the 1st respondent has not issued the necessary relieving orders to enable the applicant to join at Trivandrum.

Hence, the present OA.

3. The main contention of the learned counsel for the applicant is that although the 1st respondent approved the applicant’s Inter-Divisional Transfer from Salem Division to Thiruvananthapuram Division as early as on 09.05.2024 and forwarded the same to the recipient unit, viz., DRM, Trivandrum, the 2nd respondent also approved the applicant’s request for IDT on bottom seniority on 09.08.2024.

4. He further submitted that the request transfer would have to be revalidated if the applicant is not relieved in time to join the transferred post. If the No Objection Certificate (NOC) expires, it has to be renewed. He also submitted that if the applicant is not relieved in time and if the vacancies are filled by new recruits, the applicant would suffer and be put to severe hardship.

5. Learned counsel also pointed out that considering the hardship faced by transferred employees who may lose seniority over new recruits, the Government of India, Ministry of Railways (Railway Board), through its proceedings No. E(NG)/2019/PM2/18CC, New Delhi, dated 26.11.2019, directed the parent unit to take every effort to relieve the employee at the earliest, enabling him/her to join the transferred place immediately. He submitted that if the applicant is not relieved in time and the vacancies are filled up, the applicant will face severe hardship. Therefore, in the above circumstances, he prayed that the 1st respondent be directed to relieve the applicant at the earliest and grant the relief sought in the present OA.

6. In contrast, the learned counsel for the respondents submitted that transfer, which is an incidence of service, has now come t