- (1.) The present writ petition has been filed by the petitioners-original respondents under Article 227 of the Constitution of India challenging the order dated 8.5.12 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'the Tribunal') in Original Application No. 183/11 whereby the Tribunal has quashed and set aside the order dated 15.4.11 passed by the petitioners, and further directed the petitioners to allow the respondent No.1-original applicant to continue him in Kota Division and give effect to the promotion order dated 16.12.10 and to post him as Loco Pilot (Goods) after the completion of his training.
(2.) In the instant case, it appears that the respondent No.1-original applicant was working as Asstt. Loco Pilot at Kota Division, when he had made a request for mutual transfer with the respondent No.2-original respondent No.4 who was working as Asstt. Loco Pilot, Western Railway, Ahmedabad in November, 2007. The said request for mutual transfer remained pending for about more than 3 years and in the meantime the respondent No.1 was promoted to the post of Loco Pilot (Goods) vide the order dated 16.12.10. The respondent No.1 therefore on 17.12.10 made a request to the petitioners that he was no longer interested in mutual transfer and, therefore his said request be treated as cancelled. However, the petitioners ignoring the said request of the respondent No.1 allowed the mutual transfer with the respondent No.2 vide the order dated 15.4.11. The respondent No.1 therefore challenged the said order before the Tribunal and prayed for setting aside the said order and for direction to accept the request of the respondent No.1 to withdraw his request for mutual transfer, with consequential benefits. The said application came to be allowed by the Tribunal vide the impugned order, against which the present petition has been preferred by the petitioners.
(3.) It has been sought to be submitted by the learned counsel Mr. Aslam Khan for the petitioners that as per the letter/circular dated 31.4.06 of the Director (Estt.) Railway Board, the compliance of mutual transfer request was required to be strictly adhered to by the concerned employees and that the request for backtracking of mutual transfer was not permissible. According to Mr. Aslam Khan for the petitioners, the Tribunal had committed an error in not taking into consideration the said letter/circular. He also submitted that the respondent No.2 has already joined at Kota Division and there would be lot of administrative inconvenience if the order of Tribunal is not set aside.;