Transfer of Non-Gazetted Railway employees

Transfer of Non-Gazetted Railway employees – Master Circular No. 24 dated 17.08.2023

Master Circular No. 24

भारत सरकार GOVERNMENT OF INDIA
रेल मंत्रालय MINISTRY OF RAILWAYS
(रेलवे बोर्ड RAILWAY BOARD)

No. E(NG)l/2019ff R/10

New Delhi, dated 17.08.2023

The General Managers (P) All Indian Railways,
Production Units & others.

Sub:- Transfer of Non-Gazetted Railway employees -Master Circular.

Railway Board has issued instructions from time to time through various letters/instructions on the subject of transfer of Non-Gazetted Railway employees under the Zonal Railways. Based on instructions issued on the subject till 1991, Master Circular no 24 on Transfer was issued on 8.04.1991. The Master Circular has since been updated duly incorporating all the instructions issued so far on the subject for the information and guidance of all concerned.

2. Transfer means the movement of a Railway employee from one headquarter station in which he is employed to another such station, either;

(i) To take up the duties of a new post; or
(ii) In consequence of a change of his headquarter and seniority units.

(Ref: Rule 226 to 231 -Indian Railway Establishment Code, Vol. I, 1985 Edition)

3. Transfer may be ordered either on a temporary basis or on a basis otherwise than temporary. Transfer is not a punishment.

3.1 Frequent transfer of Railway employees should not be resorted to. Wherever the transfer of a Railway employee is temporary, the same should be mentioned in the transfer order.

(Ref:- Board’s letter No. E(NG)I-81/TR/19 dated 23.5.81).

4. Transfers otherwise than on temporary basis, are necessitated by administrative requirements or occasioned by consideration of requests received from the Railway employees.

4.1 Transfer of a Railway employee ordered as a result of his promotion should be carried out by the employee as early as possible in his own interest.

4.2 (i) Whenever any curtailment in a cadre takes place and Railway employees have to be transferred, as a general rule, the junior most employees should be transferred first.

(Ref: Board’s letter No. E(NG)66/TR2/20 dated 27.7.66)

(ii) If there is closure of activity on a particular station on a Railway like closing down a shed or a particular establishment necessitating transfer of Railway employee enmasse, the matter should be discussed with the Labour, to help in proper arrangement being made for dealing with the human problems that might arise in such cases.

(Ref: Board’s letter No. E(NG)II/77/TR/21 dated 10.06.77)

5. Procedure for processing transfer application:

Railways should follow the following guidelines while processing the transfers of Railway employees from one Unit/Division/Railway to another Unit/Division/Railway:

(i) The application containing all the necessary details should be made in as many copies as the levels/offices through which the application has to pass through including the Unit/Division/Railway to which the transfer is sought for.

(ii) All the copies should have a recent passport size photograph of the employee firmly affixed/pasted on the top right hand comer of the application.

(iii) The application should be accompanied by an additional identical passport size photograph which may be affixed/pasted similarly on the Memorandum/Order sparing the employee for transfer as and when issued.

(iv) The immediate Supervisor/Officer of the employee concerned before forwarding the application for further necessary action should attest the photograph affixed on each copy of the application in such a manner that the signature and the rubber stamp below that appear partially on the photograph and partially on the paper outside the photograph .

(v) The rubber stamp should clearly indicate the name and designation of the Supervisor/Officer attesting and forwarding the application.

(vi) Each level/Office will retain a copy of the application complete in all respects as per details mentioned above before forwarding the same to the higher authority or Unit to which the transfer has been sought for, as the case may be.

(vii) The application should be registered and appropriate priority number allotted as per extant procedure and the employee advised of the same.

(viii) After the request for transfer has been accepted and necessary orders issued by the competent authority, Memorandum/Order sparing the employee should have the photograph of the employee (received from him at the time he made the request initially) pasted on it duly attested in the manner indicted in (iv) above. The Memorandum/Order should also have the signature of the transferred employee and his left thumb impression both of which should be duly attested by the officer signing the Memorandum/Order with his name and designation appearing below the signature.

(ix) When the transferred employee presents himself in the new Unit with the original Memo sparing him for transfer, necessary details like his photograph, signature etc should be carefully matched before he is allowed to join. If, in any case, the details match prima-facie but still reasonable doubt persists and consultation/enquiry/verification of genuineness is warranted with the Railway/Division/Unit from which the employee has been transferred, the same can be done as soon as possible but within a month of his joining.

(x) All communications regarding transfer should be signed by a Gazetted Personnel Officer with his name and designation appearing below the signature.

(xi) The LPC should be issued immediately and signed by a Gazetted Accounts Officer with his name and designation appearing below the signature.

(xii) LPC should be sent under a covering letter to the new Unit to which the employee has been transferred through special messenger as far as possible whose identity should be established and noted at the time of accepting the document.

(xiii) The Service Book of the employee concerned duly completed should also be sent to the new Unit in the same manner as in (xii) above.

5.2 The above procedure will apply mutatis mutandis to all transfers including transfers on administrative ground and transfer on mutual exchange basis.

(Ref:- Board’s letter No. E(NG)I-2001/TR/16 dated 21.11.2001 and E(NG)I-2014/TR/14 dated 07.04.2015)

6. Periodical Transfer

6.1 (i) Railway employees holding sensitive posts, including those who frequently come into contact with public or/and contractors/ suppliers, are required to be transferred out of their existing post/seat or station as the case may be, after every four years.

(ii) The instructions for periodical transfer of Railway employee cover two broad categories of staff:-

(a) The first category includes staff of Commercial Department (such as Commercial Supervisor, Reservation Clerks/Booking Clerks, Staff dealing with all types of Commercial Contracts/licenses, Ticket Checking staff etc.) and the staff of the Operating Department (SSs/SMs/ASMs etc.)

(b) In order to avoid large scale dislocation in the case of this category of staff, periodical transfer may as far as possible, be effected without involving a change of residence of the staff concerned so long as the fundamental objectives of such transfers can be achieved by transferring such staff to a different location in the same station or to a different station in the same urban agglomeration.

(c) Inthe second category, consisting mainly of staff working in offices such as Pay Bill Sections, Stores Offices, Accounts Offices, Fuel Sections, Medical Department, etc who cannot normally be transferred to a different place for reasons like the seniority unit being different/very small, the office being localized etc., they are to be shifted to a different non-sensitive seat in the same place to meet the requirement of periodical transfer.

(d) Posts in the different department which have been identified as sensitive posts for the purpose of periodical transfer are as follows:-

A. Accounts Department:

1. Staff passing contractors/Firms Bills
2. Staff dealing with claims/refund and wharfage/demurrage for general public;
3. Cheque writers;
4. Cashiers;
5. Staff dealing with Pension/PF claims;
6. Staff dealing with passes/ release of unpaid wages; and
7. Staff dealing with post audit of paid vouchers and issue of acquaintance.
8. TIAs/ISAs/SVs

B. Civil Engineering Departments:

1. JE/SE/SSE (Works & P. Way) incharge of Stores/dealing with Contractors/accepting supply of stores.
2. IOWs/PWis in charge of stores;
3. Bill Clerks;
4. Material checking Clerk/Sore Clerks;
5. Time Keepers;
6. Works Accountants;
7. Asstt. Superintendents/Superintendents in charge of Stores Account.
8. Staff dealing with transfers/ promotion/ sanction of loans & advances and issue of Passes/PTOs/Leave accounts/local purchases; and
9. Draftsmen/ Estimators in Divisional Drawing Office checking Contractors’ bills.

C. Commercial Department:

1. Goods/ Parcels/ Luggage Clerks;
2. Reservation/ Booking Clerks;
3. Ticket Collector/ TTEs/ Conductors;
4. Reservation/ Goods Supervisors;
5. Staff dealing with Wharfage/ Demurrage cases;
6. Staff dealing with all types of Commereial Contracts/licenses;
7. Staff dealing with city booking/outages/RTSA (Railway Ticket Service Agents);
8. Staff dealing with claims;
9. Sectional CMis & Sectional Claims Inspectors;
10. Staff dealing with revenue earning and commercial publicity.

D. Electrical Departments:

1. Stores Clerk;
2. Establishment Clerk/ Time Keepers;
3. Assistant Superintendent/ Superintendent Stores in Divisional Offices;
4. Assistant Superintendent/ Superintendent Works in Divisional Office;
5. Air conditioned Coaches in charge/ coach attendant;
6. Foreman In-charge of Shop;
7. Mileage Clerk/ Shed Notice Clerk;
8. Staff dealing with Tender/ Contracts and purchasing stores.

E. Mechanical Department:

1. Store Clerk;
2. Bill Clerk/ Establishment Clerk;
3. Time Keeper;
4. Fuel Inspector/ Fuel Issuer/ Fuel Clerk in Sheds;
5. Mileage Clerk/ Shed Notice Clerk in Sheds;
6. Staff dealing with Tenders/ Contracts, purchase of stores.
7. Section Engineer/Sr . Section Engineer dealing with disposal of scrap.

F. Medical Department:

1. Pharmacists looking after the drug stores;
2. Staff In-charge of Kitchen Stores;
3. Staff writing out Sick/ Fit certificates.
4. Clerks/Pharmacists dealing with periodical medical examinations.
5. Staff dealing with passing of bills of fmns supplying materials to Railways.
6. Staff dealing with passing of medical reimbursement bills to non-railway Hospitals.
7. Health and Malaria Inspector designated as Food Safety Officer

G. Personnel Department:

1. Bill Clerk;
2. Staff dealing with settlement cases/ advances; and
3. Cadre Section staff or staff dealing with recruitment/ promotion/ transfer.

H. Stores Department:

1. Tender Clerks/ Disposal Clerk/Purchases Section In-charge (Head Clerk/ Assistant Superintendent/ Demand Clerk (dealing with operation ofrate contract).
2. Assistant Conf. Tender, Clerk/ Tender Opening Clerk/ Sample Clerk/ Superintendent/CTC;
3. Section In-charge (Head Clerk/Assistant Superintendent)/ Registration Clerk in Purchase General Registration;
4. Receipts/ Inspection Supervisors In-charge (Ward Keeper, ASKP/DSKP) and Group ‘C’ staff working under them, Local purchase staff.
5. Sales section in charge (ASKP/DSKP) and staff working under them;
6. . Scrap yard/ Returned Store section In-charge (ASKP/ DSKP) Ward Keeper and Group ‘C’ staff working under them; and
7. Staff in Purchase Section of EA/DRM of DCOS of Division.

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I. Operating Department:

1. Station Superintendents;
2. Station Masters/ Asstt. Station Masters except those working/posted as Cabin Station Masters and Way Side stations/ Crossing Stations involved only in train passing duties and not doing any commercial duties.
3. Station Clerk;
4. Train Clerk dealing with package work;
5. Stock Controller/ Coaching Controller in Control Rooms;
6. The desks dealing with mileage bills/ operating restrictions, distribution of uniforms, traffic stores and charge sheets/ wagon allotment section dealing assistants in the office of DOSs/ DCSs; and
7. Desk dealing with Commodity Section and Stores Section in the COPS’s office.

J. S & T Department.

1. JEs/SEs(Signal) and JEs/SEs (Telecom) independent in-charge of Stores Depots, handling Tender and Contracts and Preparation of Bills.
2. Bill Clerk/ Time Keeper/ Establishment Clerk;
3. Stores Clerk/ Stores Issuer.
4. Office Clerks/Superintendents dealing with tenders and contracts, verification of bills and indents for purchase of store.

(Ref:- Board’s letter No. E(NG)Il/78/TR/85 dated 27.4.79, E(NG)Il/78/TR/82 dated 7.2.80, E(NG)Il/80/TR/28 dated 22.8.80, 31.12.81, 19.2.86, 16.10.87 and E(NG)Il/87/TR/34/NFIR/JCMIDC dated 27.9.89, E(NG)I-94/TR/29 dated 2.5.95, E(NG)I- 2001/TR/22 dated 21.5.2002, E(NG)I-2002/TR/19 dated 13.9.2002 & 23.2.2006, E(NG)I-94/TR/29
dated 28.3.2005, E(NG)I-2007/TR/27 dated 1.4.2009, E(NG)I-2020/TR/8 dated 18.08.2020).

6.2 For clerical staff working on sensitive posts/seats, rotational shifting from desk to desk will meet the requirement of periodical transfer.

(Ref: Board’s letter No. E(NG)Il/78/TR/85 dated 27.4.79)

6.3.1. Transfers ordered at the instance of Vigilance:

Transfers are ordered in certain cases at the instance of the Vigilance Organization/ Special Police Establishment, to facilitate proper enquiries being made etc. In order to ensure that there is no harassment and/or victimization on this account, the DRM in respect of Divisionally controlled staff and the CPO(A) in respect of Headquarters controlled staff may hear representations of genuine grievance, if any made before a final decision is taken to effect the transfer. This procedure will not, however, apply to the cases of transfer of officer bearer(s) of the recognized Unions, who are governed by a separate set of orders.

(Ref:- Board’s letters No. E(NG)II/77/TR/112 dated 6.2.78 and 27.5.78).

6.3.2 Whenever a transfer order is issued on the basis of complaints, CBI/Vigilance enquiries etc. by the competent authority, and thereafter it is proposed to cancel the transfer order without the employee having actually carried out the transfer order, or to bring back the employee concerned to the original place of posting within one year, the competent authority should obtain the approval of the next higher authority after giving full details regarding the reasons requiring change in the transfer orders. It should also be the endeavour of Railway Adminsitration that an employee undergoing penalty as a result of a vigilance case is not posted against any post involving public dealing especially in areas prone to corruption.

(Ref:- Board’s letter No. E(NG)I/80/TR/28 dated 21.7.88)

6.3.3 Ticket Checking staff suspected to be indulging in malpractices should as a matter of policy, be invariably transferred on inter-divisional/inter zonal basis as a measure of campaign against rampant social evil .

The repatriation of delinquent Railway staff transferred to other Railways/Divisions, on Vigilance/Disciplinary grounds back to their parent Railway Division , may be determined with respect to the different types of.cases in the following ways:

(i) Cases ultimately culminating in exoneration: Requests, if any, received from the concerned staff for posting back to the original(parent) Railway/Division may be considered by the General Manager(s) at any time after the closure of D&AR proceedings; in other words, no minimum time limit on the applicant’s stay in a foreign Railway/Division would be applicable.

(ii) Cases ultimately culminating in imposition of a minor penalty: Request, if any. received from the concerned staff for a posting back to the original(parent) Railway/Division may be considered by the General Manager(s) only after a lapse of 3 years beyond the date of completion of the period of punishment.

(iii) Cases ultimately culminating in imposition of a major penalty: Requests, if any, received from the concerned staff for a posting back to the original (parent) Railway/Division may only be considered by the General Manager(s) after a lapse of at least 6 years beyond the date of completion of the period of punishment.

(iv) In respect of cases covered under Para (ii) and (iii) above, posting back at precisely the office/place/station at which the irregularity had been originally committed/detected by Vigilance is not to be allowed.

(v) Requests for a posting back to the original (parent) Railway/Division shall not be considered in case of employees falling in the category of “habitual” offenders (those against whom offences have been lodged repetitively) and/or employees against whom (other) vigilance -related matters are pending at the time of consideration of the request.

Powers in respect of the above provisions shall be exercised by the General Manager(s) of the concerned Zonal Railways/Production Units personally and shall not be delegated further.

Further, owing to bifurcation of Railways, when the staff transferred to different division on same Railway on administrative ground landed up in different Division on the same Railway then the request for transfer by the staff who were earlier shifted to another Division on administrative ground/vigilance ground, may be considered for transfer to their original Railway, but not to their original Division on case to case basis, subject to acceptance by both the concerned General Managers i.e. relieving and accepting.

(Ref:- Board’s letter No. E(NG)l-2004/TR/22 dated 23.10.2006, No. E(NG)I-2004/TR/22 dated 25.09.2016).

6.4 Transfer of Railway employees from one unit of seniority to another unit of seniority on administrative grounds except on promotion/ due to shrinkage of cadre/ legal recruitments etc., should be ordered rarely and in public interest . only e.g. in case where the conduct of an employee is under investigation or where in the interests of the Administration, it is considered that the Railway employee should be kept at another station. Insuch case of transfer, the Railway employees so transferred are given protection of seniority, causing hardship to the staff awaiting promotion in the unit to which they have been transferred. Therefore, such transfers should be ordered only when absolutely inescapable. Where an enquiry is pending against the Railway employee, the same should be processed expeditiously and the matter finalized as early as possible, so that the Railway employee may be transferred back to his original unit of seniority.

(Ref:- Board’s letter No. E(NG)I/68/SR6/28 dated 25.1.69).

7. Transfer on the basis of one way own request

7.1 Transfer of Railway employees on consideration of their requests within the same unit of seniority does not entail loss of seniority to the Railway employees concerned. The requests are normally based on family convenience or educational facilities, etc. Where there are unpopular stations from which the Railway employees have sought transfer, it should be ensured that such stations are manned to the authorized strength by prescribing a minimum period of service at such stations as a prerequisite to transfer to popular station by registration.

(Ref:- Board’s letters No. E(NG)II/77/TR/14 dated 10.1.71).

7.2 The requests for transfers should be dealt with in an organized manner and there should not be any occasion for any grievance in the mind of the staff in regard to handling of their request. If a vacancy exists in the cadre at the place where the employee seeks transfer, there should be no difficulty in immediately accepting the request and informing the cadre authorities from where the transfer is to be effected. Proper registers should be maintained in the units of Division/Workshop/ Zonal Headquarter.

(Ref:- Board’s letters No. E(Rep)I-83AD1/Misc/Staff Griv. Dated 25.5.83 and E(NG)I-83/TR/26 dated 6.6.83).

7.3 Where the requests involve transfer to a different unit of seniority/another Division on the same Railway/ another Railway, transfer should be ordered after clearance from all sources and acceptance by the new unit. Request transfers are allowed only in initial recruitment grades or in such intermediate grades in which there is an element of direct recruitment on bottom seniority. An employee is required to have completed at least five (05) years of Railway service including probation period, training period wherever prescribed before seeking request transfer to another Zonal Railway. However, General Managers, in consultation with recognized Trade Unions, may increase the minimum service period for Inter-Railway Transfer from 5 years to 10 years for specific categories in non-gazetted cadre, keeping in – view the need for manning important posts for smooth train operation. The employee must possess the educational qualification prescribed for direct recruitment for the grade to which he is seeking transfer.

The employee so transferred is to be adjusted against a direct recruitment quota vacancy in the new unit and his seniority is to be fixed below all the existing employees in the new unit – permanent or ad-hoc in the relevant grade on the date they join the new unit irrespective of their length of service and status in the former unit. No transfers on personal requests should be ordered in intermediate grades where all the vacancies are filled entirely by the promotion of staff in the lower grade(s).

The GMs may take a decision to allow request transfer of Non-Gazetted railway employees on out of-turn basis. Such requests may be considered only in rare cases, where NOC has been received from accepting Railway and have been approved by competent authority in the parent Railway. GMs may also consider to forwarding of such cases of request transfer on out of turn basis when exceptional circumstances so warrant its consideration.

(Ref:- Board’s letters No. E(NG)65SR6/31 dated 30.9.65, 29.1.66, 1.4.66, E(NG)II/71/TR/1 dated
31.3.71, E(Rep.)I/88AE/12/6/115 dated 7.6.88, E(NG)I-99/TR/15 dated 8.2.2000, E(NG)I-
2015/TR/20 dated 23.04.2019, E(NG)I-2017/TR/24 dated 10.03.2022, E(NG)I-2017/TR/24 dated
23.03.2022, E(NG)I-2018/TR/14 dated 17.9.2018 and E(NG)I-2018/TR/14 dated 10.06.2022)

7.4 The following instructions shall be applicable in all Zonal Railways and Units for considering the transfer cases of sportspersons, recruited against sports quota, from one Railway/Unit/Division to another Railway/Unit/Division:

(i) Eligibility conditions:-

a) At least 05 years’ service on the Railway, including probation period, training period wherever prescribed and
b) Person should be a regular employee;

(ii) Exceptions to the conditions as mentioned m Para (i) above can be made in the following circumstances:-

a) When the spouse of the sportsperson is an employee of Central Government/ State Government/ Public Sector, and the sportsperson requests for transfer to the place of the spouse;
b) When a sportsperson has been afflicted with a serious physical and metal ailment rendering him/her unfit for competitive sports and he/she desires to be transferred to another place where better treatment facilities for the ailment, are available; and
c) When sportspersons request for their transfers on mutual basis from one Railway/ Division/ Unit to another Railway/Division/Unit, provided both such employees are sportspersons.

(iii) Inter-Railway/Inter-Divisional/Unit transfers of sportspersons shall be within the competence of General Manager of that Railway and will be decided only after his/her personal approval.

(iv) Relaxation in five years service condition for Inter-Railway transfer to the sportspersons having medal winning performance in the recognized international championships after joining the Railways; on his/her request can be given by Railway Board.

(v) Relaxation for the cases of transfer from one Division/Unit to another Division/Unit within the same Railway may be decided by the General Manager concerned as is done in case of other non-gazetted Railway Servants.

(vi) The general conditions governing request transfers, like educational qualifications prescribed for recruitment to the category/post to which transfer has been sought for, assignment of bottom seniority etc., will apply in all cases of transfer of sportspersons on their own requests.

(vii) However, since recruitment of sportspersons is allowed in Technician Gr III with three years on the job training, they may also be allowed to seek Inter-Railway request transfer on bottom seniority once they have completed 03 years training.

(Ref:- Board’s letter No. 2011/E(Sports)/4(3)/4(Transfer Policy) dated 17.02.2011, 25.05.2011 & 07.03.2012, No. 2011/E(Sports)/4(1)/1/Policy Clarifications dated 24.02.2011, No. E(NG)I- 2017/TR/23 dated 18.08.2017 and No. 2017/E(Sports)/4(1)/6/Transfer Policy dated 18.09.2017).

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7.5 In terms of Para 312 of IREM, Vol-I, One way request transfers are effected in “relevant grade”. The expression “relevant grade” is the grade where there is an element of direct recruitment. GMs themselves may decide whether it is relevant grade for one way request transfer.

(Ref:- Board’s letter No. E(NG)I-2015/TR/15 dated 02.03.2016).

7.6 It may not be desirable/feasible to assign seniority to transferred employee in the new unit from the
.date of approval of the transfer, when the employee is still actually working in the parent unit, Every effort should be made to relieve her/him at an early date. The case should be put up by Sr. DPO/WPO to DRM/CWM as the case may be giving specific reason for the delay.

(Ref:- Board’s letter No. E(NG)l/2019/PM 2/18CC dated 26.11.2019).

7.7 It has been decided by the Board that NOC issued by the receiving Railway should be valid for a period of six months, and if transfer of the employees concerned are not effected within this period the NOC in such cases should be mandatorily revalidated. The employees should be relieved on transfer only after re-confirming the validity of the NOC.

(Ref: E(NG)l/2020/TR/16 dated 01.10.2020)

7.8 Railways may ensure that only such Inter-Railway transfers requests be forwarded where there is reasonable possibility of relief in case of acceptance by the Railway to which transfer is sought. While doing so, various factors like number of staff likely to be inducted in the cadre by way of departmental promotions/Inter-Divisional/Inter-Railway Transfer from other Railways/Divisions and through RRB indents should be kept in view so that once NOC is received, the concerned employee can be relieved early.

(Ref: E(NG)I-2019/TR/11 dated 20.09.2019)

8. Transfer on Mutual basis

8.1 Any Railway employee who is member of Railway services of a Railway/Division/Unit can seek Mutual transfer with the employee of another Railway/Unit/Division working in same grade or by reverting willingly and unconditionally (if working in higher/different grades) subject to provisions contained in Para 226 of IREC Vol. I.

8.2 DRMs for divisionally controlled post, CWMs for Workshop controlled posts and GMs or any lower authority to whom powers have been delegated for Head Quarter controlled posts is competent authority for effecting Mutual transfer.

8.3 Assignment of seniority on transfer on Mutual Exchange basis

(i) The senior of the two employees will be given the place of seniority vacated by the junior employee. The junior on joining the new unit will be allowed to retain his former seniority and shall be placed into the seniority below the persons having the same seniority

(Ref: Para 230 of Indian Railway Establishment Code, Vol. I, 1985 Edition).

(ii) Railway employees transferred on mutual exchange from one cadre of a Division, office or railway to the corresponding cadre in another Division, office or railway shall retain their seniority on the basis of the date of promotion to the grade or take the seniority of the railway employees with whom they have exchanged, whichever of the two may be lower.

Intra-divisional mutual transfer is not envisaged in the scope of instructions of mutual transfer. Transfer within the same seniority unit is in the competence of Divisional/Cadre controlling authorities and thus instructions on mutual transfer are not applicable

(Ref: Para 310 of Indian Railway Establishment Manual, Vol. I, 1985 Edition and E(NG)I- 2020/TR/13 dated 05.08.2022).

(iii) The General Managers of the Zonal Railways themselves or the lower authority to whom powers have been delegated, may decide whether it is corresponding cadres of the two employees seeking mutual transfer.

{Ref: Board’s letter No. E(NG)I-2015/TR/15 dated 02.03.2016 & para 7.3 (ii) above}.

(iv) Mutual transfer is ordered with the consent of both the parties, it should be made clear right at the time of forwarding applications for mutual transfer that no request for backtracking from Mutual exchange arrangement will be entertained under any circumstances.

(Ref: Board’s letter No. E(NG)I-2006/TR/6 dated 21.04.2006 and E(NG)I-2018/TR/8 dated 11.01.2019).

8.4 Mutual Transfers may also be permitted between staff in two different grades but only in the recruitment grade of the cadre and not in intermediate grades. Both the employees seeking mutual exchange shall have to give a written undertaking accepting reversion unconditionally and willingly in their own interest to the recruitment grade and bottom seniority in their respective new Unit in order to avoid future litigation.

(Ref: Board’s letter No. E(NG)I-2006/TR/6 dated 21.04.2006 and E(NG)I-2018/TR/8 dated 26.10.2018 & 11.01.2019).

8.5 Transfers on mutual exchange basis should be allowed between employees belonging to the same category (i.e. General with General, SC with SC and ST with ST). However, transfers on bottom seniority in recruitment grades need not be restricted with reference to points in the post based rosters. The procedure being followed generally in this regard to adjust shortfall/excess in future may continue. But such transfers should be allowed only repeat only against vacant direct recruitment quota posts and not against promotion quota posts. The above instructions do no in any way alter the existing procedure as laid down by this Ministry regarding operation/maintenance of post-based rosters. (Ref: Board’s letter No. E(NG)I-2004/TR/16 dated 14.08.2007).

8.6 There being no reservation in posts filled by promotion for OBCs, the term “General’ should include OBCs also. In other words, staff belonging to General/OBC categories may contract mutual transfers with staff belonging to General/OBC.

8.7 Mutual transfer in the recruitment grades will also be allowed without restriction provided:-

(i) The posts in the grade are entirely filled by direct recruitment from open market;

(ii) In case where posts in the grade are partly filled by promotion and partly by direct recruitment, both the employees seeking mutual transfer should have been recruited directly from the open market; the intention being that both of them should be borne in the post based rosters maintained for direct recruitment. In other words, if one or both the employees are borne in the post based rosters maintained for promotion, the restrictions on mutual transfer as per instructions dated 14.08.2007 will apply.

(Ref: Board’s letter No. E(NG)l-2004/TR/16 dated 22.10.2007).

8.8 In all mutual transfer cases where NOC has been given by both the Railways/Units i.e. accepting and relieving, both the employees should be spared immediately, without waiting for the reliever. A photocopy of Service Record and un-vetted LPC should be given to the employee for submission at the new Division. Original Service Records/LPC should also be sent positively within 15 days.

(Ref: Board’s letter No. E(NG)I-2017/TR/24 dated 09.05.2018)..

8.9 An erstwhile Group “D” employee working in level-1 (GP Rs. 1800/-) belonging to any Department/Cadre of a Division/Office/Railway/P.U./Unit may be allowed to go on mutual exchange basis transfer with another employee working in level-I (GP Rs. 1800/-) and belonging to any Department/Cadre of another Division/Office/Railway/P.U./Unit without applicability of the term “Corresponding cadre”. This dispensation is, however, subject to the fulfillment of the prescribed Medical Standard. The Staff so transferred should invariably be imparted requisite training in the new unit wherever considered essential before putting him/her on a working post. This training period should be counted as duty. These instructions are intended only for effecting transfer on mutual exchange basis in Level-1 posts and not for any other kind of transfer. Further, these provisions are not applicable to Non Gazetted Railway employees working in Level-2 and above.

(Ref: Board’s letter No. E(NG)I-2017/TR/19 dated 06.07.2018).

8.10 Model Timelines to deal with Mutual Transfer cases is as under:-

1. Forwarding of applications by Supervisors to the Personnel Department of the Division – 10 days
2. Forwarding by Divisional Personnel Department – 15 days
3. Forwarding by HQ Personnel Department (For HQ controlled posts) – 15 day
4. Conveying of acceptance – 10 days
5. .Issue of Transfer Order – 10 days
6. Dispatch of LPC and Service Records – 15 days

(Ref: Board’s letter No. E(NG)I-2017/TR/24 dated 22.09.2017).

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9. Transfer on Spouse Ground

9.1 In view of enhancement of women’s status in all walks of life and to lead a normal family life as also to ensure the education and welfare of the children, a concerted effort to increase representation of women in Central Government jobs has been made by posting both spouses mandatorily at the same station in following circumstances :-

(i) Where both the spouse are railway employees and belong to the same seniority units

The husband & wife, if working in the same Department and if the required level of post is available, should invariably be posted together in order to enable them to lead a normal family life and look after the welfare of their children especially till the children attain 18 years of age. This will not apply on appointment under the Central Staffing Scheme. Where only wife is a Government employee, the above concessions shall be applicable to the Govt. Employee . Hence, both the railway employees may be posted at the same station/place ensuring that one of them does not work as subordinate to the other.

(ii) Where both the spouses are railway employees but belong to different seniority units

Efforts may be made to post both the railway employees at the station where posts at appropriate level exist in the respective seniority units, failing which, requests for change of the category may be considered sympathetically keeping in view all other relevant rules in the matter.

(iii) Where one of the spouses is a railway employee and other belongs to All India Service or another Central Service

The Railway Employee should be posted at station/place in the Railway/Division/PU in whose territorial jurisdiction the place/state of posting of his/her spouse falls or as close to it as possible, if there is no Railway Organization/post at the place/state of posting of the .spouse.

(iv) Where one of the spouses in a railway employee and the other belongs to a State service

The Railway Employee should be posted at the station/place in the Railway/Division/PU, in whose territorial jurisdiction, the place/state of posting of his/her spouse falls. If, it is not possible, if a request from the railway employee to Controlling Authority of the spouse for his/her posting at the place of posting of railway employee is received, the same may be forwarded to the concerned authority for sympathetic consideration.

(v) Where one of the spouses a railway employee and the other is working in a Central/State/ Public Sector Undertaking/ Autonomous Body/Private Sector.

The railway employee may apply to the Controlling Authority for a posting at the place of posting of his/her spouse, which may be considered favorably by the Competent Authority. If no post is available for posting of the railway employee at the place of posting of the spouse, he/she may be posted to a place closer to the place of posting of the spouse. If this also is not possible, application from the railway employee for posting of the spouse who is working in Central/State/public Sector Undertaking may be forwarded to the Controlling Authority of the spouse of his/her posting at or near the place of the railway . employee.

9.2 The cadre controlling authority should strive to post the employee at the station of spouse and in case of inability to do so, specific reasons, therefore, may be communicated to the employee.

9.3 Safeguards to prevent non-compliance may be provided by ensuring that the complaints against non-adherence to the instructions are decided by authorities at least one level above the authorities which took the original decision when they are below the SAG level/ Head of PUs. All such representations should be considered and disposed off in a time bound manner. A separate register may be maintained at each Divisional and Zonal headquarters of the Railways for registering requests for transfers from railway employees for posting at the place of posting of their spouses, which may be reviewed from time to time, by competent authority.

(Ref: Railway Board’s letter No. E(NG)II-77/TR/14 dated 1.1.71, E(NG)I-86/TR/14 dated 6.1.88, E(NG)I-97/TR/28 dated 5.11.97, E(NG)I-2009/TR/29 dated 02.02.2010, E(NG)I-2019/TR/6 dated 26.04.2019)

10. Transfer of Railway employees who are office bearers of recognized Trade Unions

10.1 Any proposal for transfer of an office bearer of a recognized Trade Union including the Branches thereof should be communicated by the Railway to the Union concerned and the Union is allowed to bring to the notice of the Divisional Officer and if necessary, later to the General Manager any objection that they may have against the proposed transfer. If there is no agreement at the lower levels, the decision of the General Manager would be final. Sufficient notice should be given to the Union of a proposed transfer so that the Union can make alternative arrangements for carrying on work or making a representation against the proposed transfer.

(Ref:- Board’s letter No. E(L)60UT1-3 l dated 19.2.60).

10.2 In the case of usual periodical transfer, where it is decided after consideration of the appeal by the General Manager not to cancel the transfer, the transfer may be allowed to pend till the next election of the Union office bearers, subject to a maximum period of one year. This will not apply to transfers on special considerations ordered in public interest.

(Ref:- Board’s letter No. E(L)61/PEI/43 dated 31.07.61).

10.3 In the case of an employee, who is transferred at his own request, there is no need to follow the usual procedure. It is for the employee himself to satisfy the Union to which he belongs.

(Ref:- Board’s letter No. E(L) 64UT1-113 dated 06.10.64)

10.4 In regard to transfer of an employee to comply with statutory obligations under the Hours of Employment Regulations (HOER), the Railway Administration should comply with the procedure by conveniently planning the transfers.

(Ref:- Board’s letter No. E(L) 64UT1-l 13 dated 06.10.64)

10.5 In case of an employee being transferred on promotion, the Union need only be informed about the proposed transfer and it is not necessary to pend the same unless the railway employee wishes to refuse promotion. A senior employee need not be transferred in preference to the one promoted in order to accommodate a Trade Union Office bearer on promotion at that same station itself unless this course of action is otherwise feasible.

(Ref:- Board’s letter No. E(L) 64UT1-l 13 dated 06.10.64)

10.6 Transfer of an employee having been rendered surplus at a particular station should be treated in the same way as in para 9.5 above.

(Ref:- Board’s letter No. E(L) 64UT1-113 dated 06.10.64)

10.7.1 If a Trade Union Office bearer has to be transferred because of involvement in a Special Police Establishment case, the Union concerned may only be advised of the transfer. Any representation the Union makes may be considered, but it is not necessary to keep the transfer in abeyance for this purpose.

(Ref:- Board’s letter No. E(L) 64UT1-113 dated 21.11.64)

10.7.2 The procedure need not be followed in case where the transfer of a Railway Employee is considered necessary by the SPENig. Organizations of the Railway. In such a case, papers should be seen by the General Manager personally before the transfer is decided. The trade Union is also advised of the transfer but it is not necessary to give any notice for this purpose. Similarly, in a case where the civil and police authorities have recommended immediate transfer of a railway employee who is an office bearer of a recognized Union on the ground that he was indulging in undesirable activities and thereby affecting efficient functioning of the Railway, there is no objection to deviation from the normal procedure.

(Ref:- Board’s letter No. E(L) 75/UTl-176 dated 08.08.75)

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

(Ref :- Board’s letter No. E(L) 64UT1-113 dated 21.11.64)

10.9 In case of a Union office bearer involved in sexual harassment of women, Railway Administration concerned may take action to transfer out such persons without the consent of the General Secretary of the concerned Union. In cases where the committee inquiring into such cases have come to the conclusion that such harassment had taken place and in such cases provisions as for transfer recommended by vigilance may be followed. However, in such cases General Secretary of such unions maybe kept informed in writing about the details for effecting transfer.

(Ref :- Board’s letter No. E(LR)IIV2004/UTF-2 dated 11.01.2005)

10.10 The usual procedure is to be followed for transfers from one Administrative jurisdiction to another (for example, Workshop establishment to a Loco Shed) at the same station.

10.11 SCs/STs should as far as practicable, be confined to their native districts. Further advised that transfer of elected office bearers of SC/ST and OBC Railway Employees Association in the same grade may not generally be resorted to in ordinary situations.

(Ref:- 97-E(SCT)V22/12 dated 05.03.1999)

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11. Transfer from other categories:

Railway employee employed in one department shall not be eligible for employment in another except with the previous consent of the Head of the Department in which they are employed. Without such prior consent, the Head of an Office or Department shall not employ anyone, either temporarily or permanently, if he knows or has reasons to believe that the person belongs to another establishment under the Government. A Railway employee, who takes up an employnient without the consent of the Head of the Department, coits a breach of discipline and is liable to be punished. DRMs concerned may, however, transfer Gr. ‘D’ Railway employees (Peons, Gangman, Khalaiss, Unskilled and Semi-skilled etc.) from one Department to another or from one Division to another without consulting the Head of the Department. The same power has been conferred upon to Chief Workshop Managers (CWM) in respect of staff working under their control.

(Ref: Board’s letter No. E(NG) 66/TR2/4 dated 18.7.66 and Para 231, Indian Railway Establishment Code, Vol. I, 1985 Edition, E(NG)I-2018/TR/12 dated 27.12.2018)

11.1 Requests should not be entertained for change of category to Commercial and other non -technical popular categories like Clerk, Accounts Clerk, Ticket Collector, Commercial Clerk, Sr. Clerk, Jr. Accounts Assistant, Commercial Apprentice, Traffic Apprentice, ECRC etc. However, the Administration’s powers to absorb surplus staff and medically de-categorised staff in any category as per procedure in force remain unaffected.

DRM may also transfer Non-Gazetted Railway employees working in Level-2 and above from one department to another for divisional controlled posts subject to the condition that request should not be entertained for change of category to Commercial and other non-technical popular categories like Clerk, Accounts Clerk, Ticket Collector, Commercial Clerk, Senior Clerk, Junior Accounts Assistant, Commercial Apprentice, Traffic Apprentice, ECRC etc.

(Ref: Board’s letter No. E(NG)I-2018/TR/12 dated 24.08.2018 and No. E(NG)I-2006/TR/18 dated 25.09.2007)

11.2 For Inter Railway/Inter Division transfer of employees on own request basis and mutual transfer of employee for division controlled posts – DRM – Full powers for division controlled posts, CWM- Full powers for workshop cadre.

(Authority: Item lO(D) of MSOP, 2018)

12. Transfer of Personal Records of Railway employees transferred from one unit to another

Where a Railway employee has been transferred from one Railway unit to another, the transfer documents of the Railway employee concerned, complete in all respects, should be forward expeditiously, to the office to which he has been transferred so as to ensure that no hardship/difficultly is experienced by him due to non-availability of the documents.

(Ref: Board’s letter No. 84/ACII/2112 dated 25.8.84 and E(NG)I-2001/TR/16 dated 21.11.2001)

13. General:

Ordinarily a Railway employee shall be employed throughout his service on the Railway or the Railway establishment to which he is posted on first appointment and he shall have no claim, as of right, for transfer to another Railway or Establishment. In the exigencies of service, it shall be open to the President to transfer a Railway employee to any other department or Railway or Railway establishment including a project in or out of India. In regard to Non-Gazetted Railway employee, power to transfer them within India may be exercised by the GeneraJ Manager or by a lower authority to whom the power have been re-delegated.

(Ref: Para 226, Indian Railway Establishment Code, Vol. I, 1985 Edition)

13.1 A competent authority may transfer a Railway employee from one post to another, provided that the Railway employee shall not be transferred substantively to or, except in a case of dual charge, appointed to officiate in a post carrying pay less than the pay of the permanent post on which he holds a lien or would hold a lien had it not been suspended. This provision will not, however, apply, where Railway an employee has to be transferred

(i) On account of inefficiency or misbehavior or
(ii) On his written request.

(Ref: Para 227, Indian Railway Establishment Code, Vol. I, 1985 Edition)

13.2 No Inter Railway/Inter Division transfer requests will be considered till completion of Five (05) years of joining railway. However, in case of transfer on Mutual exchange basis, transfer on spouse ground, transfer on ground of care-givers to a disabled child, transfer of physically handicapped railway employee and widows appointed on compassionate ground, there is exemption from the condition of minimum of five (05) years.

For TADK’s transfer to another place, along with appointing officer, the minimum time limit of 5 years is not applicable and as per circumstances of the case, such TADK can be transferred even before 5 years.

(Ref: Board’s letters No. E(O)Ill-2014/PL/05 dated 31.08.2015, No. E(O)Ill/2014/PL/05 dated 04.01.2016, E(NG)I-2015/TR/20 dated 10.2.2017 and dated 07.06.2019)

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

(Ref:- Board’s letter No. E(NG)ll/70/RR/3 l dated 11.1.71 and E(NG)I-83/TR/26 dated 6.6.83).

13.4 The academic session of the children of the employees being transferred may also be kept in view within the fundamental objectives of the scheme of periodical transfer.

(Ref:- Board’s letter No. E(NG)I-2009/TR/7 dated 04.03.2010).

13.5 The employees belonging to Scheduled Castes and Scheduled Tribes should not be transferred from one place to other quite frequently. Posting of employees belonging o these communities on their initial appointment/promotions/transfers should as far as practicable be confined to their native district or adjoining districts or places where the Railway Administration can provide the quarters subject to their eligibility.

(Ref:- Board’s letter No. E(SCT)70CM15/15/3 dated 19.11.70, E(SCT)74CM15/58 dated 14.1.75, 78-E(SCT) 15/25 dated 6.7.78, 85-E(SCT)I-43/1 dated 24.12.85 and 2018-E(SCT)l/25/10 dated
19.6.2018).

14. Transfer of Railway employees, who are members of the Railway Protection Force and Railway Protection Special Force is governed by the provision of the R.P.F. Rules, 1987.

15. With the introduction of Transfer Module of HRMS on 15th August, 2022, all the new as well as existing transfer requests (Inter Railway & Inter Division) shall henceforth be received and processed only through HRMS. ·

(Ref:- Board’s letter No. PC-VIV2022/HRMS/15 dated 11.08.2022)

16. (i) While referring to this Master Circular, the original letters mentioned herein should be read for a proper appreciation. The Master Circular is only a consolidation of the existing instructions and should not be treated as a substitution to the original circulars. In case of doubt, the original circulars should be relied upon as authority;

(ii) The instructions contained in the original circulars referred to, have only prospective effect from the date of their issue, unless indicated otherwise; –

(iii) If any circular on the subject, which has not been superseded, has been lost sight of in the preparation of the Master Circular, the said circular which has been missed through oversight, should not be ignored, but should be treated as valid and operative.

17. The letters and other references on the basis of which, the Master Circular has been prepared are indicated in the enclosure.

Please acknowledge receipt.

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(Sanjay Kumar)
Deputy Director Estt.(N)
Railway Board

The consolidation has been made from the following circulars/letters:

S.No. LETTER/CIRCULAR

1 E(L)60UTI-31 dated 19.2.60
2 E(L)61/PE1/43 dated 31.07.61
3 E(L) 64UTI-113 dated 06.10.64
4 E(L) 64UTI -113 dated 21.11.64
5 E(SCT)70CM15/15/3 dated 19.11.70
6 E(NG)IV77/TR/14 dated 10.1.71
7 E(NG)IV70/RR/31 dated 11.1.71
8 E(NG)Il-77/TR/14 dated 1.1.71
9 E(NG)IV71/TR/l dated 31.3.71
10 E(SCT)74CM15/58 dated 14.1.75
11 E(L) 75/UTI-176 dated 08.08.75
12 E(NG)IV77/TR/21 dated 10.06.77
13 E(NG)IV77/TR/112 dated 6.2.78 and 27.5.78
14 78-E(SCT) 15/25 dated 6.7.78
15 E(NG)II/78/TR/85 dated 27.4.79
16 E(NG)II/78/TR/82 dated 7.2.80
17 E(NG)II/80/TR/28 dated 22.8.80, 31.12.81, 19.2.86, 16.10.87
18 E(NG)l-81/TR/19 dated 23.5.81
19 E(Rep)I-83AD1/Misc/Staff Griv. Dated 25.5.83
20 E(NG)I-83/TR/26 dated 6.6.83
21 84/ACII/21/2 dated 25.8.84
22 85-E(SCT)I-43/1 dated 24.12.85
23 E(NG)I-86/TR/14 dated 6.1.88
24 E(Rep.)I/88AE/12/6/115 dated 7.6.88
25 E(NG)I/80/TR/28 dated 21.7.88
26 E(NG)ll/87/TR/34/NFIR/JCM/DC dated 27.9.89
27 E(NG)I-94/TR/29 dated 2.5.95
28 E(NG)I-97/TR/28 dated 5.11.97
29 97-E(SCT)l/22/12 dated 05.03.1999
30 E(NG)I-99/TR/15 dated 8.2.2000,
31 E(NG)I-2001/TR/16 dated 21.11.2001
32 E(NG)I-2001/TR/22 dated 21.5.2002
33 E(NG)I-2002/TR/19 dated 13.9.2002 & 23.2.2006
34 E(NG)I-2004/TR/22 dated 23.10.2006 and 25.09.2016
35 E(NG)I-2004/TR/16 dated 14.08.2007 and 22.10.2007
36 E(LR)Ill/2004/UTF-2 dated 11.01.2005
37 E(NG)I-94/TR/29 dated 28.3.2005
38 E(NG)I-2006/TR/6 dated 21.04.2006
39 E(NG)I-2006/TR/6 dated 21.04.2006
40 E(NG)I-2006/TR/18 dated 25.09.2007
41 E(NG)I-2007/TR/27 dated 1.4.2009
42 E(NG)I-2009/TR/29 dated 02.02.2010
43 E(NG)I-2009/TR/7 dated 04.03.2010
44 2011/E(Sports)/4(3)/4(Transfer Policy) dated 17.02.2011, 25.05.2011 & 07.03.2012
45 No. 2011/E(Sports)/4(1)/1/Policy Clarifications dated 24.02.2011
46 No. E(O)Ill/2014/PL/05 dated 04.01.2016
47 E(O)III-2014/PL/05 dated 31.08.2015,
48 E(NG)I-2014/TR/14 dated 07.04.2015
49 E(NG)I-2015/TR/15 dated 02.03.2016
50 E(NG)I-2015/TR/20 dated 10.2.2017 and 07.06.2019 ·
51. E(NG)I-2017/TR/24 dated 10.03.2022 and 23.03.2022
52 E(NG)I-2017/TR/23 dated 18.08.2017
53 E(NG)I-2017/TR/24 dated 22.09.2017
54 No. 2017/E(Sports)/4(1)/6/Transfer Policy dated 18.09.2017 55 E(NG)I-2017/TR/24 dated 09.05.2018
56 E(NG)I-2017/TR/19 . dated 06.07.2018
57 E(NG)I-2018/TR/12 dated 27.12.2018 and 24.08.2018
58 2018-E(SCT)I/25/10 dated 19.6.2018
59 E(NG)I-2018/TR/14 dated 17.9.2018
60 E(NG)I-2018/TR/8 dated 26.10.2018
61 E(NG)I-2018/TR/8 dated 11.01.2019
62 E(NG)I-2019/TR/11 dated 20.09.2019
63 E(NG)I-2015/TR/20 dated 23.04.2019
64 E(NG)I-2019/TR/6 dated 26.04.2019
65 E(NG)I/2019/PM 2/18CC dated 26.11.2019
66 E(NG)I-2020/TR/8 dated 18.08.2020
67 E(NG)I/2020/TR/16 dated 01.10.2020
68 E(NG)I-2018/:rR/14 dated 10.06.2022
69 PC-VII/2022/HRMS/15 dated 11.08.2022