An employee transferred on mutual exchange to another railway division is entitled to retain seniority based on their own original date of appointment or the seniority of the exchanged employee, whichever is lower, as per Rule 310 of the Indian Railway Establishment Manual.

ORAL ORDER

Per: Justice M.G. Sewlikar, Member (J)

The applicant has filed this OA for directions to respondents to assign the seniority to the applicant on the basis of his initial date of appointment in the Cadre of Assistant Loco Pilot (ALP) and Senior Assistant Loco Pilot (SALP).

2. Facts leading to this application are that the applicant was originally appointed as an Assistant Loco Pilot on 16th September, 2002, a Group “C” Post in South-Western Railway (SWR) and was posted in Bangalore Division of the South Western Railway. He was absorbed as Assistant Loco Pilot on 19th June, 2003.

2.1. The applicant was promoted as Sr. Assistant Loco Pilot in the Pay Scale of Rs. 5200 – 20200 + 2400 (GP) w.e.f. 25th June, 2009. The applicant belongs to the ST Category.

2.2. On the date of this application, the applicant was working as Senior Assistant Loco Pilot.

2.3. The applicant submits that the date of appointment of said P. C. Sai Tukaram was 21st June, 2000 in the Western Railway as an Assistant Loco Pilot.

2.4. The applicant further submits that he applied for mutual exchange with P.C. Sai Tukaram which was approved by the Western Railway and South-Western Railway.

2.5. The applicant was transferred to Western Railway and he resumed his duties w.e.f. 12th October, 2010 and he became the employee of Western Railway since then (Annexure-A-3).

2.6. The applicant further avers that on the date of transfer he was working as Sr. Assistant Loco Pilot in Bangalore Division of South-Western Railway. P.C Sai Tukaram was working in the Western Railway as Sr. Assistant Loco Pilot and belongs to General Category.

2.7. According to the rules, mutual exchange transfer between a general community employee and ST employee can only be sanctioned and approved in the initial Grade which in this case is Assistant Loco Pilot.

2.8. The applicant therefore, sought reversion to the post of Assistant Loco Pilot in Bangalore Division to enable him to apply for mutual exchange transfer with P.C. Sai Tukaram. P.C. Sai Tukaram also applied for mutual exchange transfer. Accordingly, applicant came to be transferred in the initial grade of Assistant Loco Pilot in Western Railway, Mumbai Division.

2.9. The applicant further alleges that at on mutual exchange transfer, the person who is comparatively junior between the two (in case of mutual exchange transfer) would be assigned his own seniority.

2.10. Since the applicant was junior to the other employee i.e. P.C. Sai Tukaram in respect of date of appointment as Assistant Loco Pilot, he was required to be given his own seniority in the cadre of Assistant Loco Pilot in turn based on applicant’s own date of appointment i.e. 16th September, 2002.

2.11. Since the applicant was junior with regard to the date of appointment of P.C Sai Tukaram, the applicant was entitled to claim seniority on the basis of his own appointment i.e. 16th September, 2002 in the cadre of Assistant Loco Pilot.

2.12. He contends that this position is in terms of Rule 230 of Indian Railway Establishment Code (IREC).

2.13. The applicant further contends that in terms of Rule 310 of Indian Railway Establishment Manual Vol. I (IREM), Railway servants transferred on mutual exchange from one cadre of a division, office or railway to the corresponding cadre in another division, office or railway shall retain their seniority on the basis of the date of promotion to the grade or take the seniority of the railway servants with whom they have exchanged, whichever of the two may be lower.

2.14. The applicant has f