25.06.2020

Present through Video Conference:

Shri M S Trivedi, learned counsel for applicant.

Shri M J Patel, learned counsel for respondents.

1      Both these matters OA-131/2020 and 132/2020 first came up for hearing on 21.05.2020 and order passed on that day reads as under:

"21.05.2020......... 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."

2     Today learned counsel Shri M J Patel informed that the applicants have since been relieved and that they have not yet joined their place of transfer.  He also submits that he could not get the detailed comments from the department.  He requests to pass appropriate orders. 

3      Learned counsel Shri M S Trivedi reiterating his submissions  made on 21st May 2020 added that the department now, on 14.05.2020 has sought option from employee of various wings of Railway departments to go to R E department, the department where the applicants at present are working on deputation and that the impugned order in instant case was issued prior to said letter of 14.05.2020.  He submits that he will produce said  letter and he requests for extension of status-quo till next date.

4      Considered the submissions.  Notice on OA has not been issued so far, so let notice be issued on OA and IR in both OA 131/2020 and OA 132/2020. At this stage Shri M J Patel, learned counsel waives notice and submits that he has received scanned copy of OA by email.  He seeks two weeks time to file reply.  Request acceded to.

5      As applicants have already been relieved to join their place of posting so extension of status quo, qua impugned order of transfer of applicants, which as illustrates was granted on 21.05.2020 without entering into merits but for the reason only that respondents counsel could not get instruction, in the facts and circumstances of the case would not be justified and proper.  In view of entirety, only transfer of lien shall remain stayed till further order.

6     Matter be put up on 10.06.2020.  If lock down is not lifted by said date, matter on request  may be taken by video conferencing. 

7     The Order passed be kept on the file of OA 131/2020 and its copy be mailed to both counsel, one copy of the order passed be also placed on record of OA 132/2020.