Periodical Transfer of non-gazetted Railway employees in Commercial Department
Dated: December 24, 2018
Sub: Periodical Transfer of non-gazetted Railway employees in Commercial Department
Ref.: Railway Board’s letter No.E(NG)I-2009/TR/7 dated 28.11.2018(RBE No.182/2018), letter
No.E(NG) I/ 2000/ TR/17 dated 26.06.2000(RBE No.123/2000), letter No.E(G)2006 QR 1-14
dated 12.11.2007, letter No.E(NG)-2009/TR/7 dated 04.03.2010(RBE No.39 /2010), letter
No.E(G) 2006 QR 1-14 dated 05.04.2011(RBE No.43/2011), letter No.E(NG)I-2006/TR/7 dated
03.04.2012(RBE No.48/2012), letter No.E(O)III/2014/PL/05 dated 31.08.2015
Periodical Transfers of Commercial Staff and other staff, categorized as “Working on Sensitive Posts”, are being governed by several orders issued by the Railway Board from time to time.
This being a sensitive issue has been deliberated at several occasions in different fora of negotiation by the Staff Side with the Railway Board. After thoroughly considering all the aspects, the issue of Periodical Transfers of the staff holding Sensitive Posts stands documented, including procedure, modalities and time, indicating time for issuing orders and further to spare the staff to join new posts or new stations of posting.
It is a matter of utter surprise that, Railway Board have issued instructions on the above subject, vide RBE No.182/2018, which are totally in violation of the existing instructions of the Railway Board; issued from time to time vide Railway Board’s letters referred to above. Unfortunately, instructions contained in RBE No.182/2018 have been issued without taking into notice various judicial pronouncements, including Hon’ble Supreme Court’s judgement regarding Periodical Transfers of the staff during scholastic session, although this aspect has already been noted by the Railway Board while issuing several orders in this regard, including retention of quarters etc., a few of them are being quoted hereunder:-
(i) “The Academic/Scholastic Session has been defined as the academic course ending with the last paper of annual examination plus fifteen days time” .
(Para 2 of Ref.3 quoted above)
(ii) Arising out of DC/JCM Meeting, held on 27th and 28th of August 2009, Railway Board had issued order that, “The periodical transfer orders should not be resorted to, during academic session” and also it reiterated that, The fundamental objectives of the scheme of periodical transfers should also be kept in view”.
(Para 2 of Ref.4 quoted above).
(iii) Order dated 12.11.2007(Ref.3) was once again reiterated on 05-04-2011(Ref.5).
(iv) “In order to avoid large scale dislocation in the case of this category of staff, periodical transfer may, as far as possible, be effected, without involving change of residence of staff concerned, so long as the fundamental objectives of such procedures can be achieved by transferring such staff to a different location in the same station or to a different station, in the same urban agglomeration”
(Para 2 (i) (b)] of Ref.6 and also Para 4 (i) (b) of Ref.2 quoted above).
(v) “Transfers other than those caused due to promotion, deputation/return from deputation, retirement etc., will have to be issued from January to March only”.
(Para 1 (xiii) of Ref.7 quoted above).
In view of the position explained above, orders issued vide RBE No.182/2018, being in total violation of the established procedure and modalities, need to be rescinded forthwith.
(Shiva Gopal Mishra),
Source : AIRF