21.05.2020.

Present through Video conference:

Shri M.S.Trivedi, counsel for applicant. 

Shri M.J.Patel, counsel for respondents. 

       Learned counsel Shri M.S.Trivedi, at the outset submits that facts of these two OAs, namely OA Nos.131/2020 & 132/2020 are almost similar and that identical issues, for consideration has been raised therein so he wants to address the same in common. He added that R.E. department is a permanent department of the Railway but having no employee of its own and for its functioning it used to take, on deputation employees from different department of the Railway.  That applicants were serving in the office of the Chief Workshop Manager and in year 2017 were given on deputation to R.E. department in the Office of C.P.M.  He urged that grievances of the applicants are that now Office of C.P.M, vide impugned order dated 06.05.2020 and 11.05.2020 R.E department have transferred the applicant to BVP/Western Railway, Bhavnagar, under respondent No.5 and not only they have been transferred but their lien from their parent office has also been transferred to BVP/Western Railway, Bhavnagar.  He contended that impugned orders, dated 06.05.2020 and 11.05.2020 are illegal and emphasized that by no stretch   imagination act of transfer of lien from parent department, by the department taking on deputation can be said to be justified.  He requests for notice of the OAs and to stay of impugned orders as an interim relief.

     2.  Learned counsel Shri M.J.Patel, Counsel for Railway was sent link by the Tribunal to join the conference and he submits that he has not received the copy of either of the OA. Shri M.S.Trivedi informed that copy of OA was sent to the DRM.  Needless to say that standard Memoradum of Procedure for hearing by Video Conference issued by this Ahamadabad Bench of the Tribunal  stipulates that advance copy of OA/MA for urgent hearing is required to be mailed, at e-mail address of the official respondent and or to standing counsel of the department through email.  Anyhow, without entering into merits of the matter and in larger interest of justice office is directed to forward the scanned copy of the OA of applicants, received by the office through email, to Shri M.J.Patel Advocate.   On request of Shri M.J.Patel matter is adjourned to 26.05.2020, he may take instructions by that time but till then status quo qua  impugned order, as is on today, shall be maintained. 

     3.  The Order passed be kept on the file of OA No.131/2020 and its copy be mailed to both counsel, one copy of the order passed be also placed on the record of OA No. 132/2020 and both matter be listed for further hearing, through video conference on 26.05.2020.