Point of Law : Inter cadre transfer – Marital grounds - when the State unreasonably denies a request of an employee seeking inter-cadre transfer, it impinges upon such person’s right to demand respect for her/his family life.

JUDGMENT :

RAJIV SHAKDHER, J.

Table of contents

Preface:

1. This writ petition was initially moved before this Court on 28.05.2021, when a notice was issued to the respondents, which included the Union of India (‘UOI’) i.e., respondent no.1 and the State of West Bengal i.e., respondent no.2.

1.1. The principal prayer made in the writ petition, at that point in time, was directed against the order dated 02.02.2021, passed by the Central Administrative Tribunal [hereafter referred to as the "Tribunal”] in O.A. No.1299/2020.

1.2. It is pertinent to note that, although the Tribunal had allowed the aforementioned O.A., and set aside the order dated 25.11.2016, passed by the State of West Bengal, whereby the petitioner’s request for inter-cadre transfer on the ground of marriage to another officer, who also belongs to All India Services [hereafter referred to as “AIS”] i.e., one Mr Raja Gopal Sunkara, was declined; the petitioner was dissatisfied with the outcome. The petitioner’s dissatisfaction stemmed from the fact that the Tribunal, after setting aside the order dated 25.11.2016, had remanded the matter, whereas the relief that she was looking for was, the issuance of a direction to the State of West Bengal to communicate its no objection to the Government of India, Department of Personnel and Training (‘DoPT’) concerning her request for inter-cadre transfer. It is this which impelled the petitioner to approach the Court, against the order of the Tribunal.

1.3. In this context, it is important to recall that, at the hearing held on 30.07.2021, we had noticed that the State of West Bengal had neither filed a counter-affidavit in the above-captioned writ petition nor had it complied with the directions issued by the Tribunal vide order dated 02.02.2021, which required it to, as indicated above, reconsider the case of the petitioner and pass a speaking order. Consequently, on 30.07.2021, while granting further opportunity to file a counter-affidavit in the matter, a cost of Rs.25,000/- was imposed upon the State of West Bengal.

1.4. When the matter was taken up on the next date i.e., 10.08.2021, it was noticed that although the State of West Bengal had passed a fresh order i.e., order dated 02.08.2021, it had once again rejected the request of the petitioner for grant of no objection. Had the no objection been granted, it would have effectuated her request for inter-cadre transfer from the State of West Bengal to the State of Tamil Nadu, where her husband was posted.

1.5. Thus, after perusing the contents of the order dated 02.08.2021, we realized that relegating parties to the Tribunal would add to the travails of the parties and damage the cause of justice, beyond repair. Hence, we allowed the petitioner to amend the writ petition, and assail the order dated 02.08.2021, passed by the State of West Bengal.

1.6. The application for amendment of the writ petition i.e., CM No.26517/2021 came up for hearing before us on 17.08.2021, when a notice was issued in the said application.

1.7. On the next date i.e., 02.09.2021, the above-mentioned application was allowed, keeping in mind the objection raised by Ms Madhumita Bhattacharjee, who appeared on behalf of the State of West Bengal, that since a fresh administrative order dated 02.08.2021 had been passed by the respondent, the petitioner should be relegated to the Tribunal if she wished to assail the said order. However, since the amended writ petition had not been placed on record, the counsel for the petitioner i.e., Mr Anwesh Madhukar was directed to place the same on record. Furthermore, it was noticed that the State of West Bengal had already filed a counter-affidavit, and therefor