O R D E R

As per: Ajay Pratap Singh, Member (Judicial)

1.Heard at substantial length with consent.

2. The applicant is working as Senior Manager (Civil) in RITES Limited, a Navratna and Schedule A Central Public Sector Enterprise under the Ministry of Railway, Government of India and by way of the present OA has challenged the transfer order No. PT/346/2025 dated 21.08.2025 (Annexure A-1), whereby he has been transferred from RIO Northern RE (Delhi) and posted to RIO Eastern RE (Kaipadar). So also assailing relieving report dated 11.09.2025 (Annexure A-2), relieved from RIO Northern RE-Delhi on 11.09.2025 and joined on 17.09.2025 as RIO, Eastern RE, Kaipadar in Odisha. Applicant is also seeking mandatory direction to transfer to the applicant and post at Gurugram or any nearby area being the sole caregiver of his father.

FACTS IN BRIEF

3. Shorn of unnecessary details, the briefly stated facts, as adumbrated by the applicant in the OA are that the applicant is a regular employee of RITES Limited and Civil Engineer by qualification. The applicant was promoted as Deputy General Manager and posted at Shillong, Meghalaya vide transfer order dated 30.12.2021 and relieved from Gurugram on 13.01.2022 and joined on 19.01.2022 at Shillong, Meghalaya.

4. The applicant has also stated in the OA that he was transferred vide office order dated 25.10.2023 from Shillong to Thiruvananthapuram in Kerela and without any protest joined on 26.10.2023.

5. The applicant also made averment that within a period of one year and two months, he was again transferred from Thiruvananthapuram, Kerela to RIO, Northern RE (Delhi) vide transfer order dated 28.01.2025 and joined on 03.02.2025 in Delhi.

6. It is also the case of the applicant as set-out in this OA that he has been again transferred in six months from Delhi to RIO, Eastern RE (Kaipadar) in Odisha vide impugned transfer order dated 21.08.2025(Annexure A-1) and relived on 11.09.2025 and joined on 17.09.2025.

7. Respondents have issued a major penalty charge sheet dated 08.11.2023 as the applicant was Controlling Site Engineer of a project, apart from other projects and several anomalies were pointed and awarded penalty dated 20.09.2024, reduction to a lower grade. The Appellate Authority on 18.10.2025 rejected and representation dated 24.01.2025 to the Board of Directors disposed of 08.09.2025 8. The applicant has submitted representation dated 24.08.2025 on transfer from Delhi to Kaipadar, Odisha but no response received from the respondents. Hence, the OA to set-aside orders related to transfer from Delhi to Kaipadar in Odisha and to issue order to transfer the applicant to Gurugram or any nearby area being caregiver of his father suffering from locomotor disability.

9. Per-Contra, the respondents Nos. 02 and 03 have filed the counter reply stating that the applicant has been transferred in accordance with Transfer and Job Rotation Policy under Section-III of HRM Manual (Transfer Policy) and as per clause 3.1, 6.1(ii) and 6.1(xiv) on account of organizational needs/ work requirements, the applicant has been transferred. Applicant has been promoted vide order dated 30.12.2021 and posted from Delhi to Shillong and he had accepted the same. Thereafter, on administrative requirements for the project located at Thiruvananthapuram, he was posted on the second transfer dated 25.10.2023. So also in third transfer dated 28.01.2025 from Thiruvananthapuram to New Delhi. The applicant’s family is in Delhi and he had complied and accepted all the transfer orders. The Transfer from Thiruvananthapurma, to Delhi was due to surplus staff after completion of the project.

10. The respondent Nos. 2 & 3 have further made specific averments that impugned transfer order dated 21.08.2025 was due to project specific administrative requirement, for deployment in Inspection work in ongoing projects relating to PSC Sleeper Plant and in the interest of the organization there are more than 20 to 30 other employees, have been transferred