CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH, HYDERABAD ORIGINAL APPLICATION NO.020/00071/2023 ORDER RESERVED ON: 09.01.2026 DATE OF ORDER : 17.02.2026 HON’BLE MR. VARUN SINDHU KUL KAUMUDI, ADMINISTRATIVE MEMBER

1. Mr.P.Ramakrishna, S/o Late Appa Rao Age-39, working as Technician Grade-III Under SSE/AC/VSKP R/o: Manchalapeta Village Kotabommali Post Srikakulam Dist., AP.

2. Mr.B.Sridhar, S/o Late Papayya Age:34, working as Technician Grade-I Under SSE/AC/VSKP R/o: Rly Q.No.RE 8/D, Type-II Railway New Colony Thatichetlapalem, Visakhapatnam.

3. Mr.B.Udaya Bhaskar, S/o Appa Rao Age: 38, working as Technician Grade-I Under SSE/CLG/North/VSKP D.No.34-5-10, Siril Street, Gnanapuram Visakhapatnam.

4. Mr.M.Krishna, S/o late Sri Dalinaidu Age: 43, working as Technician Grade-III Under SSE/AC/VSKP D.No.1-17/2-1, Kokapeta Near Ramamandiram Backside Cantonment, Vijayanagaram. …..Applicants (By Advocate: Sri K.Sudhaker Reddy)

Vs.

1. Union of India Represented by the General Manager East Coast Railway, Chandrashekhar Nagar Bhuvaneshwer – 751023.

2. The Divisional Railway Manager Personnel Branch, East Coast Railway Waltair, Visakapatnam – 530016.

3. The Senior Divisional Electrical Engineer Waltair Division, East Coast Railway Waltair, Visakapatnam – 530016. ….Respondents (By Advocate: Sri B.Rajeshwar Rao, Sr.PC for CG)

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O R D E R PER: HON’BLE MR. VARUN SINDHU KUL KAUMUDI, ADMINISTRATIVE MEMBER

1. The present Original Application has been filed by the Applicants under Section

19 of the Administrative Tribunals Act, 1985, seeking the following relief:

“To quash and set aside the impugned Transfer Order No.WAT/PB/84/2023, dt.18.01.2023 and 24.01.2023 issued by the R-3, so far as applicants are concerned, as a measure of punishment and it is punitive in nature, stigmatic, arbitrary and illegal and as such there are no administrative exigencies.

and pass such other and further order or orders as this Hon’ble Tribunal may deem fit and proper in the circumstances of the case.”

2. As per the prayer of the applicants, this Tribunal, vide order, dt.01.02.2023, had stayed the impugned Transfer Orders, dt.18.01.2023 & 24.01.2023, in respect of the applicants herein.

3. The facts of the case, as submitted by the Applicants, are summarised below:-

i. Applicants herein are challenging the Impugned Transfer Order No.WAT/PB/84/2023, dt.18.01.2023, issued by R3, as a measure of punishment, as it is punitive in nature and stigmatic and there were no administrative exigencies for issue of the same.

ii. The applicants herein had initially filed OA.No.739/2022, for setting aside selections to the post of Junior Engineer (JE), against 25% IAM Quota, in Level-6 Electrical (General) Department of WAT Division, vide Notification Letter No.WPV/RSM/JE-25% IAM/2022, dt.11.04.2022, as illegal, and in clear violation of the Railway Board Letter No.E(NG)I/2018/PM1/4, dt.14.12.2018 (RBE No.196/2018), and also being violative of the applicants’ fundamental rights guaranteed under Articles 14 and 16 of the Constitution of India.

iii. It is further submitted that all the applicants had appeared against the

25% IAM Quota for selection to the post of JE in Level-6 in the Electrical (General) Department. They had prepared for the examination in Elementary Engineering and Mathematics, as prescribed in the Notification. But the Respondents set the Question Paper of High Standard Engineering Graduates based entirely on theoretical knowledge and more than 90% was out of electrical department questions. As per the Railway Board Master Circular No.31, dt.19.12.2019, vide para 7.3(i), the question paper for written test should have practical bias, i.e., should be designed to test the ability of the candidates to tackle the practical problems they are likely to face, rather than their theoretical knowledge. (Authority Railway Board Lr.No.E(NG)I-2004/PM 1/25, dt.06.07.2005 ACS No.173). As per the abovementioned RBE No.196/2018, Respondents are supposed to supply a Question Bank, in advance, befo