RBE No.107/2007: Transfer from one Railway/Division/Unit to another

No.E(NG)I-2004/TR/16, dated 14.08.2007

Sub: Transfer from one Railway/Division/Unit to another Railway/Division/Unit on request on bottom seniority and on mutual exchange basis.

1. In terms of extent procedure vide para 102A, 310 & 312 of the Indian Railway Establishment Manual, Vol-I, 1989 read with administrative instructions issued from time to time, request transfers are allowed from one seniority unit to another in the following manner:-

(i) On bottom seniority in grades having direct recruitment against vacant direct recruitment quota posts subject to the condition that employees requesting transfer fulfills the qualification prescribed for director recruitment to the post, and
(ii) On mutual exchange basis in any grade on own Seniority of the employee with whom the exchange takes place, whichever of the two is lower.

2. The staff side have raised a demand in the forum of DC-JCM that the extent provisions regarding regulating transfers on request may be modified suitably as such transfers are being allowed without having regard to the operation of post based rosters resulting in shortfall of the particular categories in the unit form which transfers take place and access of that categories in the unit in which the employees are transferred thereby blocking in the latter unit promotional/employment opportunities.
2.1 Separately, the High Court of Kerala at Ernakulam vide their order dated 07.06.2005 in O.P.No.2150/02 while partially up-holding the order of Central Administrative Tribunal, Ernakulam Bench dated 31.12.2001 in O.A.No.851/1999, have held that mutual transfers should be allowed between staff belonging to the same category (i.e. General with General, SC with SC and ST with ST). Subsequently in O.A.No.612/2005, the Central Administrative Tribunal, Ernakulam Bench have directed that the Railway Board should decide the policy rising out of High Court of Kerala’s orders dated 07.06.2005 referred to in this para, as expeditiously as possible.

3. In the light of the above, the matter has been considered carefully by the Ministry of Railways, it has been decided that in order to maintain a balance in the post-based rosters with reference to reservations prescribed for SC and ST staff and to avoid hardship to staff in the feeder grade in the matter of their promotion, transfers on mutual exchange basis should be allowed between employees belonging to the same category (General with General, SC with SC and ST with ST).
3.1 However, transfers on bottom seniority in recruitment grades need not be restricted with reference to points in post-based rosters. The procedure being followed generally in this regard to adjust shortfall/excess in future may continue. But such transfer should be allowed only repeat only against vacant direct recruitment quota posts and not against promotion quota posts.

4. The above instructions do not in any way alter the existing procedure as laid down by this Ministry regarding operation/maintenance of post-based rosters.

Download Railway Board Circular RBE No.107/2007

Forward reference⇒RBE No.134/2007