IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10755 of 2026

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1.Ravindra Kumar S/o Sh. Dhora Singh, Post Loco Pilot Goods, Muzaffarpur

Lobby, East Central Anant Railway, Sonpur Division, R/O - Jamin Kamtaul,

PO Kamtaul, District - Muzaffarpur - 844120 (Bihar).

2.Prabhakar Singh S/o Sh. Awadhesh Kumar Singh, Post - Loco Pilot Goods,

Muzaffarpur Lobby, East Central Railway, Sonpur Division, R/o - Rampur

Gangouli, PO -Riga, Dist - Sitamarhi 843327 (Bihar).

3.Jitendra Kumar, S/o Sh. Tarakant Mahto, Post Loco Pilot Goods,

Muzaffarpur Lobby, East Central Railway, Sonpur Division, R/o - Keshopur,

PO - Keshopur, PS -Sakra, District-Muzaffarpur- 843104 (Bihar).

4.Muckti Nath Prasad, S/o - Sh. Awadh Mahto, Post- Loco Pilot Goods,

Muzaffarpur Lobby, East Central Railway, Sonpur Division, R/o - Koraiya

PO Jamuniya, District - East Champaran - 845303 (Bihar).

5.Ram Krishna Kumar, S/o Late Surendra Prasad Gupta, Post -Loco Pilot

Goods, Muzaffarpur Lobby, East Central Railway, Sonpur Division, R/o

-Patdaura, PO - Patdaura, Dist - Sitamarhi - 843314 (Bihar).

6.Sanoj Kumar, S/o Late Mohan Sah, Post -Loco Pilot Goods, Muzaffarpur

Lobby, East Central Railway, Sonpur Division, R/o-Berbas, PO -Raghopur

Bakhari, Dist Sitamarhi-843325 (Bihar).

7.Mukesh Kumar, S/o Sh. Ram Ekwal Sah, Post- Loco Pilot Goods,

Muzaffarpur Lobby, East Central Railway, Sonpur Division, R/o

-Madhesara, PO Hanuman Nagar, District - Sitamarhi - 843317 (Bihar).

8.Dipanshu Kumar, S/o Sh. Subhash Chandra Prasad, Post Loco pilot Goods,

Muzaffarpur Lobby, East Central Railway, Sonpur Division, R/o-Bagaha,

PO Bagaha 1, District - West Champaran-845101 (Bihar).

9.Chandan Kumar Yadav, S/o-Sh. Rajendra Prasad Yadav, Post - Loco Pilot

Goods, Muzaffarpur Lobby, East Central Railway, Sonpur Division, R/o-

Mathbanwari, PO - Pipra Kothi, District - East Champaran-845429 (Bihar).

10.Vijay Kumar, S/o Sh. Shivnath Prasad Singh, Post Assistant Loco Pilot,

Muzaffarpur Lobby, East Central Railway, Sonpur Division, R/o-Repura

Rampur Balli, PO - Jaintpur, District - Muzaffarpur - 843123 (Bihar).

11.Vijay Shankar Gupta, S/o Sh. Gopal Jee Sah, Post- Assistant Loco Pilot,

Muzaffarpur Lobby, East Central Anjanakot, PO Motipur, Railway, Sonpur

Division, R/o District - Muzaffarpur-843111 (Bihar).

12.Saroj Kumar, S/o Sh. Badri Narayan, Post -Loco Pilot Goods, Muzaffarpur

Lobby, East Central Railway, Sonpur Division, R/o -Sadpura, PO-Ramna,

Dist - Muzaffarpur -842002 (Bihar).

13.Manoj Kumar, S/o Sh. Omprakash Sah, Post-Loco Pilot Goods, Muzaffarpur

Lobby, East Central Railway, Sonpur Division, R/o- Kokilwara PO-

Kokilwara, Dist-Muzaffarpur-843312 (Bihar).

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14.Bablu Kumar, S/o - Sh. Rajendra Das, Post -Loco Pilot Goods, Muzaffarpur

Lobby, East Central Railway, Sonpur Division, R/o-Mahamadpur Birauli,

PO - Dighra, Dist -Samastipur-848115 (Bihar).

15.Niraj Kumar S/o Sh. Rajendra Sahani, Post Loco Pilot Goods, Muzaffarpur

Lobby, East Central Railway, Sonpur Division, R/o-Rusulapur Vajid, PO

Bhikhanpura, District - Muzaffarpur-842004 (Bihar).

16.Gaurav Chandra, S/o Sh. Ravindra Prasad Shrivastava, Post Loco Pilot

Goods, Muzaffarpur Lobby, East Central Railway, Sonpur Division, R/o-

Kanti Kaswa, PO-Kanti, Dist - Muzaffarpur - 843109 (Bihar).

17.Chandan Prasad Sah, S/o- Sh. Rajeshwar Prasad Sah, Post- Loco Pilot

Goods, Muzaffarpur Lobby, East Central Railway, Sonpur Division, R/o

-Harinagar Nepali Tola, PO-Ramnagar, Dist-W. Champaran-845106 (Bihar).

18.Amar Kumar, S/o Sh. Shyam Sharan Sah, Post-Loco Pilot Goods,

Muzaffarpur Lobby, East Central Railway, Sonpur Division, R/o

-Bhagwanpur Simra, PO- Lalu chhapra, Dist-Muzaffarpur-843126 (Bihar).

19.Rajeev Kumar, S/o - Sh. Rup Lal Pandit, Post Assistant Loco Pilot,

Muzaffarpur Lobby, East Central Railway, Sonpur Division, R/o Susta, PO

-Susta, District Muzaffarpur-842002 (Bihar).

20.Priyanka Kumari, W/o- Sh. Ramesh Kumar, Post Assistant Loco Pilot,

Muzaffarpur Lobby, East Central Railway, Sonpur Division, R/o Korahiya,

PO- Korahiya, District- Madhubani - 847226 (Bihar).

21.Zaheer Uddin Md Nizam, S/o -Md Khalil, Post Loco Pilot Goods,

Muzaffarpur Lobby, East Central Railway, Sonpur Division, R/o Amrakh,

PO- Amrakh, Dist Muzaffarpur-843119 (Bihar).

22.Niraj Kumar, S/o Shri Krishna Kumar Gupta, Post Assistant Loco Pilot,

Muzaffarpur Lobby, East Central Railway, Sonpur Division, R/o Krishna

Toli, PO- Mit Brahmpura, District - Muzaffarpur - 842003 (Bihar).

23.Ajay Kumar, S/o Sh. Yogendra Prasad Gupta, Post Assistant Loco Pilot,

Muzaffarpur Lobby, East Central Railway, Sonpur Division, R/o-Tetariya,

PO- Tetariya, District - East Champaran-845436 (Bihar).

... ... Petitioner/s

Versus

1.The Union of India through the General Manger, East Central Railway,

Hajipur, P.O. Digghikala, PS-Hajipur (Sadar),Dist.-Vaishali-844101 (Bihar).

2.The Principal Chief Personnel Officer, East Central Railway, Hijipur, P.O.

Digghikala, P.S. Hajipur (Sadar), District Vaishali-844101(Bihar).

3.The Principal Chief Electrical Engineer, East Central Railway, Hajipur, P.O.

Digghikala, P.S. Hajipur (Sadar), District Vaishali-844101 (Bihar).

4.The Chief Electrical Loco Engineer, East Central Railway, Hajipur, P.O.

Digghikala, P.S. Hajipur (Sadar), District Vaishali-844101 (Bihar).

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5.The Divisional Railway Manager, East Central Railway, Sonpur, District-

Saran-841101 (Bihar).

6.The Senior Divisional Personnel Officer, East Central Railway, Sonpur,

District - Saran-841101 (Bihar).

7.The Senior Divisional Electrical Engineer (OP), East Central Railway,

Sonpur, District - Saran- 841101 (Bihar).

8.The Chief Crew Controller Combined Crew Lobby Muzaffarpur, District -

Muzaffarpur - 842001 (Bihar).

9.The Divisional Railway Manager, East Central Railway, Samastipur

Division, District - Samastipur - 848101 (Bihar).

10.The Senior Divisional Personnel Officer, East Central Railway, Samastipur

Division, District - Samastipur-848101 (Bihar).

11.The Senior Divisional Electrical Engineer (OP), East Central Railway,

Samastipur Division, District (Bihar). Samastipur 848101.

12.The Secretary, Railway Board, Ministry of Railways, Government of India,

Rail Bhawan, Raisina Road, New Delhi-110001.

13.Chandan Prakash, S/o Sh. Ram Naresh Singh, Post-Loco Pilot Goods,

Muzaffarpur Lobby, East Central Anant Railway, Sonpur Division, R/o-

Anant Kamtaul, PO Kamtaul, District - Muzaffarpur-844120 (Bihar).

14.Pravin Kumar, S/o Sh. Shambhu Sharan Pd., Assist. Loco Pilot, Muzaffarpur

Lobby, East Post Central Railway, Sonpur Division, R/o Shree Krishn

Nagar, VTC- Shree Krishn Nagar, District East Champaran- 845401 (Bihar).

15.Santosh Kumar, S/o- Sh. Gaya Prasad Das, Post Loco Pilot Goods,

Muzaffarpur Lobby, East Central Railway, Sonpur Division, R/o- Datapur,

PO- Datapur, District-Muzaffarpur-843101 (Bihar).

16.Kundan Kumar, S/o Sh. Dhruv Prasad Singh, Post Assistant Loco Pilot,

Muzaffarpur Lobby, East Central Railway, Sonpur Division, R/o-Gorigama,

PO-Gorigama, District - Muzaffarpur - 843117 (Bihar).

17.Vivek Kumar, S/o Sh. Shiv Shankar Singh, Post Assistant Loco Pilot,

Muzaffarpur Lobby, East Chandrahatti, PO-Central Railway, Sonpur

Division, R/o Chandrahatti, District - Muzaffarpur - 844120 (Bihar).

... ... Respondent/s

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Appearance :

For the Petitioner/s: Mr. Sanjay Kumar, Advocate

For the Union of India: Dr. Maurya Vijay Chandra, Sr. C.G.C.

Mr. Krishna Murari Prasad, C.G.C.

Ms. Preety Ranjan, Advocate

Patna High Court CWJC No.10755 of 2026 dt.14-10-2026

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

and

HONOURABLE MR. JUSTICE SOURENDRA PANDEY

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

Date : 14-10-2026

The present writ petition has been filed against the order

dated 10.07.2026 passed by the learned Central Administrative

Tribunal, Patna Bench, Patna (hereinafter referred to as the ‘Ld.

C.A.T.’) in O.A. No. 050/00035/2026, whereby and whereunder

the Original Application filed by the petitioners herein and

others has been dismissed.

2.The brief facts of the case, according to the petitioners,

are that the petitioners are either the Assistant Loco Pilot or Loco

Pilot Goods in Indian Railways and were working at

Muzaffarpur Lobby under the Sonpur Division. The Ministry of

Railways (Railway Board) published a gazette notification dated

24.07.2025 transferring the Muzaffarpur Junction-Samastipur

Junction Section from Sonpur Division to Samastipur Division

of East Central Railway, keeping in view the operational

requirement while stipulating therein as follows:-

"The new jurisdictional boundary between Sonpur and

Samastipur divisions on Muzaffarpur-Hajipur section will

be between Muzaffarpur - Ramdayalu Nagar stations at

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KM 50.000. The existing jurisdictional boundaries

between Sonpur and Samastipur divisions at Muzaffarpur

- Kaparpura stations at KM 92.800, Muzaffarpur -

Jubbasahani stations at KM 0.744 and Samastipur-

Karpurigram stations at KM 36.820 will stand abolished

as they will fall under continuous jurisdiction of

Samastipur division.

The above change will come into effect from 1st

September 2025."

3.The office of General Manager (P) Hajipur had then

issued a letter dated 19.08.2025 to the Divisional Railway

Manager, East Central Railway, Sonpur-Samastipur stating

therein about the action to be taken by Sonpur Division and

Samastipur Division in relation to manpower and post identified

in the said jurisdiction, to the following extent:-

"1. Administrative Transfer (in/out) should not be done in

the section that is being transferred. Neither post transfer

(in/out) should be done from the section that is being

transferred till 31 August 2025.

2. All Posts (Excluding running post) pinpointed in the

said section as on 1 Sept. 2025 will be placed under

administrative control of SPJ Division and the cadre

strength of different categories may be increased in BOS

of SPJ Division and decreased from the BOS of SEE

division with effect from 1 Sept. 2025.

3. All the person (Excluding running Staff) posted in the

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above section as on 1 Sept. 2025 will be placed under

administrative control of SPJ Division with effect from 1st

Sept. 2025

4. Entire running staff will remain in SEE Division. Their

deployment should be done by common JPO after

consultation with Sr. DOM, Sr. DEE/OP and Sr. DPO of

both Divisions.

5. Staff will have a provision of negative option, i.e.

whether they want to continue in SEE and do not want to

go in SPJ division. If they give option then their lien will

remain in SEE Division and they will be considered for

posting in SEE Division as per provision of reliever by

SPJ and availability of vacancies in SEE Division.

Exercise regarding option should be completed by 30th

Sept. 2025. This exercise will be done by Sr. DPO/SEE.

6. The Seniority of staff who are placed under

administrative control of SPJ division will be fixed on

administrative ground and shall be determined in each

grade on the basis of non-fortuitous length of service in

the grade as on 01.09.2025. Fresh Seniority should be

published by 15.11.2025.

7. Proportionate number of posts of Ministerial and

Inspectorial categories dealing with matters pertaining to

the said section, but located in Divisional HQs will be

transferred to SPJ Division. Sr. DPO/SPJ and Sr.

DPO/SEE to draw a JPO for the same.

8. ZRTI will be under administrative Control of HQ and

infrastructural maintenance will be done by SPJ

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Division.

9. Supervisor posted in this section with their jurisdiction

overlap in both divisions (after delimitation) then their

office should be under SPJ division.

10. All employee service record after due vetting of

account should be transferred to SPJ division by

31.10.2025 in electronic format through HRMS. Sr.

DFM/SEE and Sr. DPO/SEE should ensure that.

11.Fresh suitability/selection/trade test notification

should not be issued till 31.08.2025.

12. Other establishment related issues should be resolved

by both Sr. DPO through consultation with due intimation

to HQ.

This issues with the approval of AGM/ECR."

4.In pursuance to the aforesaid notification dated

24.07.2025 and letter dated 19.08.2025, the Assistant Personnel

Officer-I, office of the Divisional Railway Manager(P), Sonpur

had written a letter dated 01.09.2025 to all the connected Section

Officers of the East Central Railway stating therein that since in

view of the notification of the Railway Board dated 24.07.2025,

the Muzaffarpur-Karpurigram Section is to be transferred from

Sonpur Section to Samastipur Section, hence option be obtained

in the enclosed form from all the employees working in the

Muzaffarpur-Karpurigram Section by 15.09.2025 so that

appropriate action can be taken in light of clause-5 of the letter

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dated 19.08.2025. It was also mentioned therein that such

employees who do not give any option would be deemed to be

keen/willing of absorption in the Samastipur Division.

5.Thereafter, the Chief Crew Controller, Joint Crew Lobby,

Muzaffarpur, East Central Railway had issued an urgent notice

dated 07.09.2025, informing all the employees working at Joint

Crew Lobby, Muzaffarpur to submit their option in the

prescribed proforma with full details for transfer from

Muzaffarpur-Karpurigram Section to other stations falling under

the Sonpur Division by 13.09.2025 so that the same can be made

available to the Personnel Department within the prescribed time

limit. It is the case of the petitioners that after obtaining options

from the employees of the Mechanical (C&W), Department of

Sonpur Division, who were interested in Samastipur Division, a

seniority list was issued from the office of the Divisional

Railway Manager (P), Samastipur vide letter dt. 01.12.2025.

6.Thereafter, the Assistant Personnel Officer-III, office of

the Divisional Railway Manager (P), Sonpur, East Central

Railway vide office order dated 20.12.2025 had transferred the

petitioners and others (Sl. No. 35 to 93 of the said office order)

on administrative ground from Muzaffarpur Lobby (M & P) to

Mansi Lobby (MNE) and Barauni Lobby (BJU). The said order

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dated 20.12.2025 was challenged by the petitioners along with

others before the Ld. C.A.T. by filing the connected Original

Application bearing O.A. No. 050/00035/2026.

7.The respondents had filed their written statement before

the Ld. C.A.T. in the aforesaid Original Application filed by the

petitioners inter alia stating therein that as per office order dated

20.12.2025, issued by the office of the Divisional Railway

Manager (Personnel), Sonpur, 93 Loco Pilot category employees

were transferred within the jurisdiction of Sonpur Division on

account of administrative exigencies strictly as per the Railway

Rules and policies in the interest of train operations and related

manpower management issues, hence the transfer order is lawful

and does not violate any statutory or policy provisions. It was

also stated that out of the transferred 64 employees, 35

employees have already joined at their new places of posting,

however 28 employees had filed the connected Original

Application but subsequently, five more have joined their new

places of posting, hence the present writ petition has been filed

by only 23 persons. It was contended that the present case relate

to allocation of Muzaffarpur-Karpurigram Section from Sonpur

Division to Samastipur Division within the East Central

Railways in pursuance to Railway Board’s notification dated

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24.07.2025 read with letter dated 19.08.2025, as aforesaid. It

was next stated that such actions are taken to avoid

complications pertaining to issues related to other

establishments, human resources, planning/welfare and

industrial relations. Moreover, while keeping administrative

control with the Sonpur Division, promotional and other

interests of employees have been kept intact and the

administrative control of employees have been transferred after

due consultation with the Division under which the additional

staffs are to be and encadred apart from the fact that the number

of posts of running staff at respective stations are subject to

annual crew review carried out as per the changed traffic pattern.

8.As far as the present case is concerned, the transfer of the

petitioners and others have been effected as per the operational

requirement on administrative grounds to Barauni and Mansi

Station against similar posts carrying the same pay level and

pay-scale, hence the said transfer has not caused any financial or

service related loss to the petitioners. The working area of

running staff i.e. Train Manager and Loco Pilot/Assistant Loco

Pilot, generally extends beyond the Divisional/Zonal railway

boundaries in contrast with other railway employees who

normally work at the station and in the nearby area. It has been

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stated that the aforesaid letter dated 19.08.2025, issued by the

Deputy Chief Personnel Officer/IR & W from the office of the

General Manager (P), Hajipur, East Central Railway is though

absolutely clear but has been twisted by the petitioners inasmuch

as para No.-2 & 3 thereof clearly exclude the running staff

posted at Muzaffarpur Junction-Samastipur Junction Section and

postulate that all other persons posted there as on 01.09.2025

will be placed under the administrative control of Samastipur

Division with effect from 01.09.2025. As far as para No.-5 of the

said letter dt. 19.08.2025 is concerned, the provision of negative

option was available for the staff transferred to Samastipur

Division, however the running staff were not transferred to

Samastipur Division since they had been specifically excluded

from such transfer arrangement and they continue to remain

under the administrative as well as cadre control of Sonpur

Division till date. It is next submitted that the working

environment of running staff requires strong discipline as these

running staff worker work as the last custodian for safe running

of trains and passenger carrying fast moving trains. Lastly, it is

submitted that the staff who have been transferred and relieved

from Muzaffarpur Crew Lobby have not joined till now and the

new transferred Crew Lobby after being relieved from the

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previous Crew Lobby at Muzaffarpur are though on rolls of

Mansi/Barauni but are absent from the running duty with effect

from their respective dates of relieving, i.e. in between

28.12.2025 and 03.01.2026.

9.The Ld. Counsel for the petitioners has submitted that

since the petitioners had not given any option, it was required to

be deemed that they are keen/willing for absorption/adjustment

in the Samastipur Division voluntarily, however they have been

wrongly and arbitrarily transferred to Mansi Lobby/Barauni

Lobby falling under the Sonpur Division. The Ld. Counsel for

the petitioners has further submitted that the Ld. Tribunal has

failed to properly consider the vacancy data inasmuch as it is

apparent from the proposed revision of Crew Beat dated

18.12.2025 that there are 58 vacant posts of Loco Pilot Goods in

the new Lobby (Muzaffarpur to Narayanpur) of the Samastipur

Division whereas conversely the Sonpur Division has an excess

of 8 working Loco Pilot Goods against the sanctioned strength,

hence adjusting the petitioners in the Samastipur Division is

administratively viable and justified. It is next stated that the

respondent authorities (Sonpur Division) have themselves failed

to implement their own policy decision contained in letter dated

01.09.2025 inasmuch as according to the said letter the

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petitioners have vested legal right to be formally absorbed in the

Samastipur Division. It is also submitted that the action of the

respondent authorities is a classic example of colorable exercise

of power inasmuch as they are themselves not following their

policy and instead are acting in a discriminatory manner by

adopting pick and choose policy inasmuch as they have vide

office order dated 29.12.2025 transferred 22 employees of the

ticket checking staff of the Sonpur Division to Samastipur

Division solely on the basis that they did not opt for Sonpur

Division, hence on the same basis the petitioners, who also did

not opt for Sonpur Division should have been transferred to the

Samastipur Division. Lastly, it is submitted by referring to

paragraph no. 29 of the writ petition that all the petitioners are

on medical leave due to illness of their family members at

Muzaffarpur, however they are being threatened by the

respondents that in case they do not join duty at the transferred

place immediately, coercive action shall be taken.

10.Per contra, the Ld. Counsel for the official respondents

has submitted that paragraph no. 5 of the letter dated 19.08.2025

has to be read in context with paragraphs no. 2 and 3 of the said

letter which categorically excludes the running posts from being

placed under the administrative control of Samastipur Division,

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hence since the petitioners are running staff of the Muzaffarpur

Lobby, they have not been placed under the administrative

control of the Samastipur Division and continue to be under the

Sonpur Division although they pertain to the Muzaffarpur

Junction-Samastipur Junction Section. It is submitted that trains

are still existing at Sonpur Division although assets have been

transferred, hence Assistant Loco Pilot/Loco Pilot Goods are

required to run the said trains. It is also pointed out by referring

to the written statement filed in the present case that vacancies

do exist under the Sonpur Division and that is why the

petitioners were not placed under the administrative control of

the Samastipur Division, rather they were under the

administrative control of the Sonpur Division, hence they have

been transferred to Mansi Lobby and Barauni Lobby which fall

under the administrative control of the Sonpur Division.

11.The Ld. Counsel for the official respondents has next

stated that it is pertinent to mention that out of 45 employees of

ticket checking staff who were working in Muzaffarpur-

Karpurigram Railway Division, 20 employees who had not

given option for Sonpur Division have been transferred

permanently from Sonpur Division to Samastipur Division, since

they were posted as ticket checking staff and not as running

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staff. It has been submitted by the Ld. Counsel for the official

respondents that according to letter dt. 19.08.2025 issued by the

General Manager (Personnel)/ECR/Hajipur, all the employees

excluding running staff posted in the above section as on

01.09.2025 are required to be placed under the administrative

control of Samastipur Division w.e.f. 01.09.2025. Thus, the

entire running staff has remained under the administrative

control of the Sonpur Division. The above action has been taken

by the railway administration to avoid other establishment, HR

(Human Resource Planning/Welfare) and IR (Industrial relation)

issues related complications. It has also been submitted by the

counsel for the official respondents that while keeping the

administrative control with the Sonpur Division, promotional

and other interests of employees have been kept intact. The

above administrative controls of employee are transferred in due

consultation with the divisions under which the additional staff

is to be encadred. As per rule number of post of running staff at

respective stations are subject to annual crew review, carried out

as per the changed traffic pattern. The petitioners and other

running staff have been transferred as per operational

requirement on administrative grounds to Barauni and Mansi

station against similar post carrying the same pay level and pay

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scale. In fact, as per the nature of the job, the working area of

running staff, i.e. Train Manager and Loco Pilot, Assistant Loco

Pilot, generally extends beyond the Divisional/Zonal Railway

Boundary, in contrast with other railways employees (non-

running staff), who normally work at the station and in nearby

areas. The transfer order of the petitioners and others was issued

through the Competent Placement Committee and subsequently

accepted by the Competent Authority. It is contended that as per

the Order/letter of General Manager (P) E.C.R., Hajipur issued

on 19.08.2025, since the entire running staff has remained under

the administrative control of Sonpur Division, the administrative

jurisdiction, including matters relating to posting and transfer of

running staff, continues to vest with Sonpur Division.

12.We have heard the Ld. Counsel for the parties and

perused the materials on record. The facts of the present case lie

in a narrow encompass which has arisen on account of issuance

of a notification dated 24.07.2025 by the Ministry of Railways

(Railway Board), by which the Central Government has decided

to transfer the Muzaffarpur Junction-Samastipur Junction

Section from Sonpur Division to Samastipur Division of East

Central Railway keeping in view the operational requirements.

In pursuance to the aforesaid notification dated 24.07.2025, the

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Deputy Chief Personnel Officer/ IR & W, office of the General

Manager (P), Hajipur had issued a letter dated 19.08.2025

directing the Divisional Railway Manager, East Central Railway,

Sonpur and Samastipur to take such actions as have been

mentioned therein in relation to manpower and posts identified

in the said jurisdiction on account of change in jurisdiction of

stations transferred from Sonpur Division to Samastipur

Division and it was clearly stipulated therein that the running

post/staff would be excluded from being placed under the

administrative control of Samastipur Division. Thus, it is

apparently clear that even if the running staff, working at the

Muzaffpaur-Karpurigram Section does not submit any option,

they would not be deemed to be voluntarily keen/willing to be

adjusted in the Samastipur Division, hence we find that no

vested right has accrued in favour of the petitioners, thus they

cannot be heard to say that since they have not submitted any

option, they are required to be adjusted in the Samastipur

Division. Therefore, it is amply clear that since paragraph No. 5

of letter dated 19.08.2025 and the deeming stipulation mentioned

in the letter dated 01.09.2025 is not applicable to the running

staff, it would be a natural corollary that the petitioners who are

running staff would remain under the Sonpur Division,

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consequently we do not find any illegality much less any

arbitrariness in the office order dated 20.12.2025, by which the

petitioners have been transferred from Muzaffarpur Lobby to

either Mansi Lobby or Barauni Lobby.

13.We further find from a bare perusal of the aforesaid letter

dt. 19.08.2025 that the non-running staff who have been

transferred from the administrative jurisdiction of Sonpur

Division to that of Samastipur Division, i.e not the petitioners

who are running staff, vide paragraph no. 5 of the said letter

have been given provision of negative option, i.e whether they

want to continue in Sonpur Division or not inasmuch as they

may be facing certain impediments and in case they furnish

option for continuing in Sonpur Division, they would be

considered for posting in Sonpur Division and in case no option

is given, such staff shall be considered to be eager to be

absorbed under the Samastipur division.

14.It is a matter of record that the petitioners have neither

challenged the gazette notification dated 24.07.2025, issued by

the Ministry of Railways (Railway Board) nor the letter dated

19.08.2025 issued by the office of the General Manager (P),

Hajipur, hence now they cannot resile from the stipulations

mentioned therein. As regards, the contention of the petitioners

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that since the number of Loco Pilot Goods working under the

Sonpur Division is in excess of the sanctioned strength, the

petitioners should be transferred from Sonpur Division to

Samastipur Division, we find that the transfer and posting of

staff is under the administrative jurisdiction of the Railway

authorities which depends upon various factors including change

in traffic pattern and as per rule number of post of running staff

at respective stations are subject to annual crew review, therefore

it would not be justified for this Court to interfere in the

administrative domain of the railway authorities, inasmuch as

calculation of vacancies and posting of staff in an appropriate

manner is the primary function of the administration which

requires no interference by the Courts.

15.We further find that a piquant situation has arisen,

inasmuch as immediately after issuance of the order of transfer

dated 20.12.2025, relatives of all the petitioners have fallen ill

simultaneously, resulting in the petitioners being purportedly on

leave since more than one and half years which definitely would

have affected the normal working of the trains as the working

area of running staff like the petitioners generally extends

beyond the Divisional/Zonal Railway boundary, in contrast with

other railway employees who normally work at the station and in

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nearby areas. Nonetheless, we find that the transfer of the

petitioners and others have been carried out within Sonpur

Division on account of administrative exigencies strictly as per

the railway rules and policies in the interest of train operations

and related manpower management issues, against similar posts

carrying same pay level and pay-scales which has not caused any

financial or service related loss to the petitioners, hence we do

not find the transfer order dated 20.12.2025 to be illegal,

arbitrary, violative of the principles of natural justice, punitive in

nature and lacking administrative necessity.

16.Having regard to the facts and circumstances of the case

and for the foregoing reasons, we do not find any infirmity in the

order dated 10.07.2026 passed by the Ld. C.A.T. in O.A. No.

050/00035/2026, hence the present writ petition stands

dismissed being bereft of any merit.

S.Sb/-

(Mohit Kumar Shah, J)

(Sourendra Pandey, J)

AFR/NAFR AFR

CAV DATE 22.07.2026

Uploading Date 14.10.2026

Transmission Date N/A