HC directs for reconsidering transfer of railway employees

Excelsior Correspondent

Srinagar, Feb 20: High Court has held that the transfer policy of the employees of Railway as without jurisdiction and issued by incompetent authority and directed for reconsidering the transfer of railway employees within four weeks.
The petitioners are the employees of Ministry of Railways, and are posted in Banihal to Baramulla sector of J&K Rail project.
These employees were appointed in the department of railway under the policy known as ‘land loser policy’ under which one of the family members was granted employment whose land was acquired under the railway project.
They claimed that since their appointment is under the policy and in a particular sector as such they cannot be transferred from their initial place of posting given on appointment and have been transferred from their initial place of posting to the places outside the Valley.
The senior counsel Jehangir Iqbal Ganai argued before the court that the authority that has transferred the petitioner has no competence or authority to notify the impugned rotational transfer policy.
The Division Bench of Sanjeev Kumar and Justice V C Koul said indisputably, a comprehensive transfer policy has been framed and notified by the Railway Board and therefore, no authority subordinate to the Railway Board, unless it has been specifically delegated such power.
Court after having found the impugned transfer policy beyond the jurisdiction left it Railway Board to subject the petitioner-employees to transfers strictly as per the policy in vogue framed by the Railway Board.
Court said the petitioners have made out the case to assail the impugned rotational transfer policy issued by the incompetent authority. Court however said the petitioners shall be governed by the transfer policy notified by the Railway Board or any other authority to whom power is specifically delegated by the Board and would be subjected to transfers, if necessary, strictly as per the said transfer policy.