UNION OF INDIA Vs. SAGIR AHMED

JUDGEMENT

(1.) Sri Sagir Ahmed, the sole respondent in WP(C) 5342/2016 and Sri Bapmani Das in WP(C) 5931/2016 had successfully challenged the office order of transfer and repatriation to their place of lien in two separate Original Applications be fore the Central Administrative Tribunal, Guwahati Bench. A common order dated 04.04.2016 was passed by the Tribunal in both the Original Applications. This is how the present two writ petitions have come to be preferred by the Union of India. As both the writ petitions involve identical questions of facts and law, the same are adjudicated by this common judgment and order. The facts appearing in WP(C) 5342/2016 are being primarily noticed for ease of reference.

(2.) We have heard Mr. H.K. Das, learned counsel for the petitioners in both the writ petitions as well as Dr. B. Ahmed, learned counsel for the sole respond ents in the respective writ petitions.

(3.) Facts to be noticed are that Sagir Ahmed and Bapmani Das were initially employed as Diesel Khalasi at the Diesel Shed of Siliguri Junction, Katihar Division, N.F. Railway in the year 1999. Their promotion to the rank of Technician Grade-III (Artisan) came about in April 2002 in the same office at Siliguri Junction. In the same year the Diesel Shed at Rangapara Junction under Rangia Division was opened and options were invited for transfer and posting against the post created at Rangapara Junction. Options being made, both Sagir Ahmed and Bapmani Das were transferred and posted at the Diesel Shed of Rangapara Junction in their same pay scale and capacity. This Office Order of transfer dated 13.03.2003 was issued from the Office of the Senior Divisional Mechanical Engineer/Diesel, Siliguri Junction and it was mentioned that the seniority unit of the staff so transferred will be maintained at the Diesel Shed, Siliguri Junction, as usual. Pursuant thereto, the private respondents joined at Rangapara Junction. While se rving at Rangapara Junction, by Office Order dated 05.12.2008, issued from the Diesel Shed, Siliguri Junction, Sagir Ahmed was promoted to Diesel Technician Gra de-II (Mechanical). Likewise, by Office Order dated 13.05.2010, Bapmani Das was promoted by the same authority as Diesel Technician Grade-II (Mechanical). In th e year 2011 the Diesel Shed at Rangapara Junction was closed down for administrative reasons. As a result, an issue arose with regard to re-deployment of staff from Rangapara Junction. In this regard a meeting was held on 18.10.2011 between the Railway Authorities and representatives of two Unions. One of the modalities of re-deployment agreed upon was that the staff of maintenance for Diesel Locos of Rangapara Shed will be re-deployed permanently to the cadre of their lien, either at Siliguri Diesel Shed or Lumding Diesel Shed or to other places as per their options subject to availability of vacancy and bottom seniority. Meanwhile, representations were made by Sagir Ahmed and Bapmani Das to the appropriate authority requesting their posting at the Diesel Shed, New Guwahati consequent upon closure of the Diesel Shed at Rangapara Junction. On 15.12.2011, an Office Order was issued transferring and posting both Sagir Ahmed and Bapmani Das at New Guwahati against D.R. quota accepting bottom seniority as Technician Grade-III. This was followed by the letter dated 29.12.2011 issued from the Diesel Shed, Rangapara Junction, informing the Senior Divisional Mechanical Engineer, New Guwahati regarding sparing of Sagir Ahmed on his accepting bottom seniority as Diesel Technician Grade-III (Mechanical). Pursuant thereto, both Sagir Ahmed and Bapma ni Das submitted their joining report as Diesel Technician Grade-III (Mechanical) by accepting bottom seniority.