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Transfer Rules for Non-Gazetted Railway Employees

Transfer Rules of Non-Gazetted Railway Employees ⇒ Instructions issued from time to time by the Railway Board on the subject of transfer of non-gazetted railway employees are contained in many letters. An attempt has been made to write a consolidated article, including all the instructions issued so far on this subject, for the information and guidance of all non-gazetted employees. 
All employees are requested to try to verify the information given in this article at their level. 

What is Transfer?

  • Transfer means the movement of a Railway employee from one headquarters station where he is employed to another such station
    • taking over a new position
    • as a result of the change of their headquarters

General Principle of Railway Transfer

  • Ordinarily a Railway employee shall, during his entire service, remain employed with the Railway or Railway establishment where he is posted on first appointment and shall have no right or claim for transfer to any other Railway or establishment.
  • In exigencies of service, the President shall have the power to transfer a Railway employee to any other Department or Railway or Railway establishment including any project within or outside India.
  • In respect of Group “C” and Group “D” Railway employees, the powers to transfer them within India can be exercised by the General Manager or by any lower authority to whom the powers have been re-delegated.
  • A competent authority may transfer a Railway servant from one post to another, provided that the Railway servant shall not be substantively transferred or, except in the case of dual charge, be appointed to work on a post carrying a pay lower than the pay of the permanent post on which he holds a lien or would have held a lien if he had not been suspended. This provision shall, however, not apply where a Railway servant is to be transferred. 
    • due to inefficiency or misbehaviour; or
    • upon his written request
  •  Mid-session transfers of Railway employees should be kept to the minimum necessary in the interest of administration.
  • While transferring railway employees from one station to another, the fact that the spouse of the employee is posted at a particular station should be taken into account. The request for transfer to the station where the spouse of the railway employee is working should also be considered sympathetically, as far as possible, keeping in view the administrative convenience and merits of each case.
  • While ordering transfer of Railway employees working under their charge, due regard should, wherever possible, be given to the views of the supervisory staff.
  • Transfer of Scheduled Caste (SC) and Scheduled Tribe (ST) employees should be made only on very few and very strong reasons. Posting of employees belonging to these communities on initial appointment/promotion/transfer should, as far as possible, be restricted to their native district or nearby districts or places where Railway Administration can provide Railway accommodation (quarters) on the basis of their eligibility.

Railway Transfer Rules

  •  The transfer may be ordered on a temporary basis or on a basis other than temporary.
    • Wherever the transfer of a Railway employee is temporary, the same should be mentioned in the transfer order.
  • Transfers other than on temporary basis are necessitated due to administrative requirements or on account of considering requests received from Railway employees.
  • Transfer is not a punishment. 
  • The transfer of a Railway employee as a result of his promotion should be done by the employee as early as possible in his own interest.
  • Whenever there is any reduction in a cadre and Railway employees are to be transferred, as a general rule the most junior employees should be transferred first.
  • If there is closure of any activity at a particular station of a Railway such as closure of a shed or a particular establishment which necessitates mass transfer of Railway employees,
    • The matter should be discussed with the workers to help make proper arrangements to deal with the humanitarian problems arising in such cases.
    • [Ref: Board’s letter No. – E(NG)II-77/TR/21 dated 10.06.1977]
  • Railway employees holding sensitive posts who come in contact with public and/or contractors/suppliers etc. should be transferred from their present post/seat or station, as the case may be, after four years.
  • For clerical staff working on sensitive posts/seats, rotational transfer from desk to desk will meet the requirement of periodic transfer.
  • In some cases, transfers are ordered at the instance of the Vigilance Organisation/Special Police Establishment.
    • To facilitate appropriate inquiries, etc. To ensure that there is no harassment and/or victimization on this account,
    • DRM in respect of Divisional controlled employees and CPO in respect of Headquarters controlled employees may hear the representation of genuine grievance, if any, before taking final decision to effect the transfer.
    • However, this procedure will not apply to cases of transfer of office bearers of recognised unions, which are governed by a separate set of orders.
  • As a safeguard against possible malpractices in transfers, whenever it is proposed to cancel a transfer order of a Railway employee issued by the competent authority on the basis of complaints, vigilance/CBI investigations etc. without the Railway employee actually executing the transfer order or to revert the concerned employee to his original place of posting within one year, the competent authority should obtain the approval of the next higher authority, giving full details of the case to the said higher authority and the reasons which justify alteration of the original transfer orders. It should also be kept in mind that a Railway employee undergoing penalty as a result of a vigilance case is not posted to any post involving public dealings particularly in areas prone to corruption.
    • [Ref: Board’s letter No. – E(NG)I-80TR/28 dated 21/07/1988 (RBE NO. – 156/88) ]
  • Ticket checking staff found indulging in malpractices should be sent on inter-divisional transfer as a matter of policy. They may be transferred to an adjacent division of the same Railway. If they make a request to this effect, they may also be transferred to a division of another Railway adjoining their parent Railway. Ticket checking staff who have been transferred out of the present Division on complaints of corruption and subsequently exonerated or awarded the penalty of censure should not be brought back to the parent Division even if they so desire.
    [Ref: Board’s letter No. E(NG)I-80TR/28  dated 19.02.1986 (RBE -35/86)]
    • However, cases of inter-departmental transfer orders of ticket checking staff on suspicion of misconduct may be reviewed personally by the GM if the employees are fully exonerated after proper enquiry. The review will be done personally by the GM and powers in this regard should not be delegated to any other authority. Where transfer is ordered at the instance of the Board, reference to the Board is necessary.
      [Ref: Board’s letter No. – E(NG)I/80/TR/28 dated 13.04.1989 (RBE No. – 102/89)]
  • Transfers of Railway employees from one unit of seniority to another unit of seniority on administrative grounds, barring promotions/due to cadre reduction/legal requirements etc., should be ordered rarely and only in public interest. g. In cases where an enquiry is going on into the conduct of an employee or where it is considered in the interest of the administration that the Railway employee should be posted at another station. In such cases of transfer, protection of seniority is given to the transferred Railway employees, causing hardship to employees awaiting promotion in the unit to which they have been transferred. Therefore, such transfers should be ordered only when absolutely unavoidable. Where any enquiry is pending against a Railway employee, the same should be processed expeditiously and the case finalised at the earliest, so that the Railway employee may be transferred back to his original unit of seniority.

Transfer on the basis of requests

Transfer of Railway employees does not result in loss of seniority to the concerned Railway employees if their request is considered within the same unit of seniority. The requests are generally based on family convenience or educational facilities etc. Such requests should be registered and processed as per the practice already prevalent. Where there are unpopular stations from which Railway employees have sought transfer, it should be ensured that the authorized number of employees are posted at such stations by prescribing a minimum period of service as a condition for transfer to a popular station by registration.
[Ref: Board’s letter No. – E(NG)II-71TR/14 dated – 01/10/1971 ]

Where the request involves transfer to a different unit/other division of seniority on the same Railway/other Railway, transfer should be ordered after clearance from all sources and acceptance by the new unit. Such requests should be considered only from those Railway employees who are in the initial recruitment grade(s) or in intermediate grade(s) which have an element of direct recruitment. Such employees (who are working in intermediate grades) should be set off against the vacancies reserved for direct recruitment in the new unit when transferred. Railway employees seeking inter-divisional, inter-railway transfer need not possess the educational qualification prescribed for direct recruitment. No transfer should be ordered on individual request in intermediate grades where all vacancies are filled up entirely by promotion of employees in lower grades. Requests of Railway employees recruited under sports quota for inter-railway transfer in any grade should not be considered.

Railway employees transferred from one unit of seniority to another on their own request should be assigned lower seniority in the respective grade on the date of joining the new unit. They should be placed in the seniority list below all existing employees, both permanent and regular, in the respective grade on the date of joining the new unit, irrespective of their length of service and position in the former unit.

Apart from individual requests made by Railway employees, there may also be cases of two employees of different Divisions/Railways working in the same grade submitting a joint application or submitting separate individual applications seeking mutual transfer. Where such requests are allowed after completing the necessary formalities, the senior of the two employees will be assigned the seniority position vacated by the other person. The
junior employee, who will be allowed to retain his earlier seniority, will be fitted in seniority in the new unit below all persons having the same seniority.

Mutual transfer may be permitted  between a temporary railway employee and a permanent railway employee. This may also be permitted in intermediate grades where there is no element of direct recruitment.

In order to mitigate the difficulties faced by Railway employees seeking transfer from one unit of seniority to another on account of loss of seniority, a cell should be set up in the Head Office of each Railway where requests of Railway employees for transfer from one unit of seniority to another should be registered. The
requests involving inter-railway transfers should then be communicated to the other concerned Railways who should arrange to publish the requests in the Railway Gazette for the benefit of those interested in mutual transfers to enable them to apply.
This will help in locating applicants, if any, having equal seniority in other Railways for purposes of consideration.
The requests should be registered and processed on the basis of seniority among the applicants once annually and the Cell should act as a clearing house for settling transfers on mutual exchange basis.

While placing requisitions with Railway Recruitment Boards, the extent of additional candidates required based on the number of Railway employees in various categories who have applied for transfer to other Divisions/Railways should be taken into account and recruited so that the transfer can take place without any constraint on the availability of replacements.

Transfer of Railway servants who are office bearers of recognised Trade Unions

Any proposal for transfer of an office bearer of a recognised trade union including its branches should be informed to the union concerned and the union should be allowed to bring it to the notice of the Divisional Officer and, if necessary, to the notice of the GM later if it has any objection to the proposed transfer. If no consensus is reached at the lower level, the decision of the GM will be final. Sufficient notice should be given to the union about the proposed transfer to enable the union to make alternative arrangements for continuing work or to make representations against the proposed transfer.

In the case of normal periodic transfers, where the General Manager after considering the appeal decides not to cancel the order, the transfer may be permitted to be kept pending till the next election of the Union office bearers (subject to a maximum period of one year). This procedure will apply only in cases of periodic transfers as distinct from transfers ordered on other special considerations in public interest.

Where the transfer is ordered at the request of the employee, the normal procedure prescribed for transfer of union functionaries need not be followed. So far as his movement from a particular station is concerned, it is up to the railway employee himself to satisfy the union to which he belongs.

Where transfer becomes necessary to comply with statutory obligations under HOER, Railways should follow the normal procedure by planning the transfer conveniently. 

For transfer on promotion to be necessary, it is sufficient that the union is only informed of the proposed transfer and it is not necessary to keep it pending unless the Railway employee wishes to refuse promotion.
A senior employee need not be transferred in place of a promoted employee in order to accommodate a union official at the same station.
The transfer of an official who has been rendered surplus at a particular station should be considered on the same lines as given here.

If an office bearer of a union is to be transferred because of his involvement in a SPE case, the concerned union may only be informed of the transfer. Any representation made by the union may be considered, but it is not necessary to keep the transfer in abeyance for this purpose.

In case of transfer from one section/department to another section in the same office, there is no need to give notice to the union in advance. However, the union may be informed about the transfer at the time of effecting such transfers. For transfer to another office located at a distance but within the same region at the same station, the normal procedure may be followed.

For transfer from one administrative jurisdiction to another at the same station the normal procedure should be followed, such as transfer from a workshop to a loco shed.

The normal procedure need not be followed in a case where the transfer of an office bearer of a union is considered necessary by the SPE/Vigilance organisation of the Railway. In such a case, the papers should be personally seen by the GM before deciding on the transfer. No notice is required to be given to the trade union but only the information of the transfer should be given.
The same procedure should be followed in cases where the civil and police authorities recommend the immediate transfer of a Railway servant, who is an office bearer of a recognised union, on the ground that the person is involved in undesirable activities which are detrimental to the efficient functioning of the Railway. 

 

Transfer from other Categories

Railway employees working in one Department shall not be eligible for employment in another Department without the prior consent of the Head of the Department in which they are working. Without such prior consent, the Head of an Office or Department shall not employ anyone temporarily or permanently, if he knows or has reason to believe that the person belongs to another establishment under the Government. A Railway employee, who takes up employment without the consent of the Head of the Department, violates discipline and is liable to be punished. However, the concerned DRM may transfer Group “D” Railway employees (Peons, Gangmen, Khalasis, Unskilled and Semi-skilled etc.) from one Department to another or from one Division to another without consulting the Head of the Department.

Transfer of Personal Records of Railway servants transferred from one unit to another

Where a Railway employee is transferred from one Railway unit to another, the transfer documents of the concerned Railway employee, complete in all respects, should be sent to the office to which he is transferred within ten days from the date of his relief, to ensure that he does not experience any difficulty/difficulty due to non-availability of documents.

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