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| Date | 2019-01-11 |
|---|---|
| Type | Commercial Circular |
| Topic | ticket-checking |
Comprehensive policy on Mutual Transfer of non-gazetted staff on the Zonal Railways Railway/Division/Unit can seek Mutual transfer with the employee of another
RBE NO. & /2019
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No. E(NG)I-2018/TR/8 New Delhi, dated \\ .01.2019
The General Managers(P),
All Zonal Railways & Production Units.
(As per standard list).
Sub : Comprehensive policy on Mutual Transfer of non-gazetted staff on
the Zonal Railways.
Policy instructions regulating transfer on Mutual Exchange basis and assignment
of seniority thereafter are contained in the Para 230 of IREC Vol. and Para 310 of
IREM Vol.I' 1989 Edition. Administrative instructions for effecting such transfer(s)
have also been issued from time to time. Recognising the need to consolidate and
supersede the obsolete/antiquated instructions. this circular lists out all the updated
policy instructions on the subject as on date in supersession of all the earlier
instructions.
2. . Definition : Any Railway servant who is member of Railway services of a
Railway/Division/Unit can seek Mutual transfer with the employee of another
Railway/Unit/Division working in same grade or by reverting willingly and
unconditionally (if working in higher/different grades) subject to provisions contained
in Para 226 of IREC Vol.I.
3. Powers :- DRMs have full powers to effect Mutual transfer of divisionally
controlled post. CWMs are vested with full powers for Workshop controlled posts. As
regards Head Quarter controlled posts, the General Manager is competent authority or
any lower authority to whom powers have been delegated.
4. Assignment of seniority on transfer on Mutual Exchange basis
4.(i)(Codal Provisions) : In such cases, the senior of the two employees will be
given the place of seniority vacated by the junior employee. The junior on joining the
new unit will be allowed to retain his former seniority and shall be placed into the
seniority below the persons having the same seniority ( Para 230 of IREC Vol.
refers).
4(ii) IREM Provisions : Railway servants transferred on mutual exchange from one
cadre of a division, office or railway to the corresponding cadre in another Division,
office or railway shall retain their seniority on the basis of the date of promotion to
the grade or take the seniority of the railway servants with whom they have
exchanged, whichever of the two may be lower ( Para 310 of IREM Vol. | refers).
4(iii) Corresponding cadre :- The General Managers of the Zonal Railways
themselves or the lower authority to whom powers have been delegated may decide
whether it is corresponding cadres of the two employees seeking mutual transfer.
{Board’s letter No. E(NG)I-2015/TR/15 dated 02.03.2016 & 4 (ii) refers}.
4(iv) No backtracking once Mutual Exchange agreed :- Since mutual transfers
are ordered with the consent of both the parties, it should be made clear right at the
time of forwarding applications for mutual transfer that no request for backtracking
from Mutual exchange arrangement will be entertained under any circumstances.
iia letter No. E(NG)I-2006/TR/6 dated 21.04.2006 ( R.B.E. No. 53/2006)
refers}.
S. Community Restrictions :-
(i) Hon’ble High Court of Kerala at Ernakulam vide their order dated 07.06.2005 in
O.P. No.2150/02 while partially upholding the order of CAT, Ernakulam Bench dated
31.12.2001 in OA No. 851/1999, 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 OA No.612/2005 the CAT, Ernakulam Bench
directed that the Railway Board should decide the policy arising out of High Court of
Kerala’s order dated 07.06.2005 referred to in this para, as expeditiously as possible.
(ii) In the light of the above, Ministry of Railways have decided that in order to
maintain the 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 (i.e. General wit
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