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2022 Supreme(Del) 1071

NAJMI WAZIRI, SWARANA KANTA SHARMA
Govt. Of West Bengal – Appellant
Versus
Arsh Verma – Respondent


Advocates appeared:
Ms. Madhumita Bhattacharjee, for the Appellant; Mr. M.K. Bhardwaj, Ms. Ridam Arora, Ms. Alisha Saini, Ms. Harshika Verma, Advocates for, Mr. Harish Vaidyanathan Shankar, CGSC, Ms. Bushra Kazim, Mr. Karan Chhibber, Mr. Zeeshan Rizvi, Advocates, for the Respondent.

ORDER

Swarana Kanta Sharma, J. (Oral). - The petitioner, Government of West Bengal, impugns the order dated 26.10.2021 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi ('Tribunal') directing it to reconsider the request of respondent no. 1 for issuance of 'No Objection' keeping in view of the guidelines issued by respondent no. 2 herein (Union of India) and decisions rendered by the courts.

2. Respondent no. 1 is an IPS Officer of 2017 batch and was allotted West Bengal cadre. After getting married to Smt. Nikita Khattar, an IPS officer of Haryana cadre, he applied for cadre transfer/change of cadre on 'marriage ground', under All India Service Officers-Policy, from West Bengal to Haryana. The latter has given its 'no objection' for the said proposal but the Government of West Bengal/petitioner had not so conceded. Subsequently, after the demise of his father, the respondent no. 1 herein made a detailed representation to the petitioner for his cadre transfer, to also facilitate him to take care of his ailing widowed mother.

3. In the absence of any worthwhile response from the petitioner, the respondent no. 1 sought relief before the Tribunal. His OA w

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