DINESH D PANCHAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted in Special Leave Petition (C) No.15769 of 2010.

(2.) The appellants were working in Bhavnagar Division of the Western Railway Zone. They were holding the posts of goods guard, senior goods guard, passenger guard, senior passenger guard and mail/express guard. By the year 2002, there was a reduction of goods traffic within the territorial jurisdiction of Bhavnagar Division on account of the conversion of railway tracks from meter gauge to broad gauge. Apart from a considerable reduction in the number of goods trains running between Sabarmati and Botad, there was a cancellation of mail/express trains running between Ahmedabad and Bhavnagar as well.

(3.) On 17/9/2002, the Western Railway accorded sanction for the surrender of 19 posts of goods guard in Bhavnagar Division. Similarly, by a letter dated 8 th January 2003, sanction was accorded for surrendering 12 permanent posts of goods guard based on a six-monthly cadre review. In view of surrender, the Division Officer of Bhavnagar Division, by a communication dtd. 22/11/2002, gave an option to the employees (guards and drivers category) to opt for transfer to another division. Some of the petitioners before the High Court exercised this option. By memorandum dtd. 7/3/2003, the option of original petitioners Nos. 7, 8, 11, 12, 13, 14 and 15 before the High Court, and three others was accepted, and they were posted at Ahmedabad with a direction that they should be relieved to report to the place of posting.