RBE No. 24/2000: Transfer – On Bottom Seniority

No.E(NG)-I/99/TR/15, dated 08.02.2000

Sub: Transfer on request on bottom seniority – Amendment to Indian Railway Establishment Manual.

1. In terms of Note (ii) below Para 312 of the Indian Railway Establishment Manual, Volume-I, 1989, transfer on request of Railway employees working in grades in which there is an element of direct recruitment can be accepted on bottom seniority in such grades.

No such transfer is permissible in the intermediate grades, in which all the posts are filled by promotion of his staff from the lower grade(s) and there is no element of direct recruitment. It is not, however, necessary that the employee seeking transfer should possess the educational qualifications prescribed for direct recruitment to the to the post to which transfer is sought.

2. The Central Administrative Tribunal, Chandigarh in its judgment dated 22.09.1998 in OA No.413/HR/98 filed by Shri Anand Prakash and others in the matter of transfer on request against direct recruitment vacancies quashed the instructions contained in this Ministry’s letter No.E(NG)65/SR6/31, dated 01.04.1966 which stipulates that it is not necessary for the employees seeking transfer to possess the educational qualifications laid down for direct recruitment to the relevant post.

The Central Administrative Tribunal also questioned the transfer of employees against direct recruitment quota vacancies in the absence of a provision in the rules for filling up posts in a grade by transfer. The Punjab and Haryana High Court at Chandigarh has upheld the judgment of the CAT Chandigarh. The SLP filed against the said judgment in the Supreme Court has also been dismissed.

3. The matter has been considered by the Ministry of Railways in consultation with the Legal Advisor/ Railway Board in the light of the above development and it has been decided that henceforth for transfer of employees on request on bottom seniority in recruitment grades the employee should possess the qualification prescribed for recruitment to the relevant post.

4. The Indian Railway Establishment Manual, Volume-I, may also be amended accordingly as in the Advance Correction Slip No.95 and 96 enclosed.

Indian Railway Establishment Manual, Volume-I

(1989 Edition)

Advance Correction Slip No.95

Chapter-III: Rules regulating seniority of non-gazetted Railway servants:-

substitute the following for the existing Note (ii) below para 312:-

“(ii) The expression “relevant grade” applies to grades where there is an element of direct recruitment. Transfer on request from Railway employees working in such grades may be accepted provided they fulfill the educational qualifications laid down for direct recruitment to the post. No such transfer should be allowed in the intermediate grades in which all the posts are filled entirely by promotion of staff from the lower grade(s) and there is no element of direct recruitment.”

[Authority: Ministry of Railway’s letter No.E(NG)-I/99/TR/15, dated 08.02.2000 (RBE No.24/2000)]

Indian Railway Establishment Manual, Volume-I

(1989 Edition)

Advance Correction Slip No.96

Chapter-I, Section-B, Sub-section-1: General:

After the existing para 102, a new para 102-A may be inserted as follows:-

“102-A: Notwithstanding the provisions contained in this Chapter, transfers on request on bottom seniority in the grades having an element of direct recruitment will be permissible against the quota prescribed for direct recruitment, provided that the employee seeking transfer possesses the qualification prescribed for direct recruitment to the post to which transfer is sought for.”

[Authority: Ministry of Railway’s letter No.E(NG)-I/99/TR/15, dated 08.02.2000 (RBE No.24/2000)]