UNION OF INDIA Vs. REGISTRAR

JUDGEMENT

(1.) HEARD the arguments of Mr. Su. Srinivasan, learned counsel appearing for the petitioners and Mr. A. Thirumurthy, learned counsel appearing for the respondents 2 to 12, 14 and 15 and perused the records.

(2.) CHALLENGING the order of the Central Administrative Tribunal [for short, 'CAT'] dated 17.11.2006 passed in O.A. No. 832 of 2005, the Union of India represented by the Chief Personnel Officer and the Divisional Personnel Officer, Tiruchirapalli Division, Southern Railway have filed the present writ petition.

(3.) THE contesting respondents joined as Kalasis in the Tiruchirappalli Division of the Railways during the period 1980 and 1989. THEy were working as Technician Grade III / Kalasi Helpers. THEy went through the process of selection to the post of Diesel Assistants in the year 1998 and they were selected and empanelled for the said post. In the order of preference, they gave the Tiruchirappalli Division as their first choice. But contrary to their preference, the contesting respondents 2 to 6 were posted to Chennai Division and the other contesting respondents were posted to Palakkad Division. When they protested against the said posting, they were given the assurance that as soon as vacancies arise in Tiruchirappalli Division, they will be retransferred to the place of their original preference. Accordingly, these respondents joined Chennai and Palakkad during May and October 1999. THEy were also continuously petitioning to the petitioner Railways and got their names registered for request transfer to the Tiruchirappalli Division as such transfers are permissible in terms of Rule 226 of the Indian Railway Establishment Manuel (IREM). In such cases, the seniority of the Railway servants who were transferred on their requests, will be kept below the last person holing the post in the confirmed, temporary or officiating capacity. THE requests of the contesting respondents were considered by the first petitioner and altogether 30 Diesel Assistants were retransferred to Tiruchirappalli on request by an order dated 07.11.2002.