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2021 Supreme(Del) 670

RAJIV SHAKDHER, TALWANT SINGH
Lakshmi Bhavya Tanneeru – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Anwesh Madhukar, Ms Prachi Nirwan and Ms Tanima Gaur, Advs.
For the Respondent: Ms Bharathi Raju, CGSC, Ms Madhumita Bhattacharjee, Adv.

JUDGMENT :

RAJIV SHAKDHER, J.

    Table of contents

Preface:

2

Background

4

Submissions on behalf of the petitioner

7

Submissions on behalf of the State of West Bengal:

10

Analysis and reasons:

12

Conclusion:

20

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 R

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