Back
V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Chief Secretary Govt. of West Bengal – Appellant
Versus
Amritpal Kaur – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
CM Appls. 34026-34027/2023
Allowed, subject to just exceptions.
Applications disposed of.
W.P.(C) 8974/2023
1. The challenge in this petition is to an order dated April 13, 2023 passed by Central Administrative Tribunal in O.A. 35/2023, whereby the Tribunal has allowed the original application filed by the respondent No.1 herein by directing the petitioner herein who was respondent No.3 the following:
"16. In the result, for the foregoing reasons, the present OA is partly allowed and the respondent no.3 is directed to grant No Objection Certificate to the applicant within a period of four weeks from the date of receipt of a copy of this Order, failing which `No Objection Certificate (NOC) shall be deemed to have been issued by the respondent No.3, and thereafter the competent authority amongst respondent nos.1 and 2 are directed to take immediate action for cadre transfer of the applicant from West Bengal Cadre to Odisha Cadre by passing necessary orders in this regard within four weeks thereafter."
2. Ms. Madhumita Bhattacharjee, learned counsel appearing for the petitioner submits that the Tribunal could not have given a mandatory direction to the
The central legal point established in the judgment is the importance of respecting the right to a healthy family life and parenthood in considering cadre transfer requests, and the need for compassi....
The court affirmed that administrative decisions regarding cadre transfers must respect the right to family life, emphasizing the need for compassion in processing requests.
Inter-cadre transfers based on marital grounds should be prioritized, and administrative reasons like officer shortages cannot justify denials, divesting officers of family rights.
Inaction by parent cadre on inter-cadre transfer request for spouse co-location, despite receiving cadre consent, is unjustified; officer shortage not valid to delay indefinitely; time-bound NOC, tra....
Inter-cadre transfer requests based on spousal grounds must be honored, and reasons such as officer shortages are insufficient to deny such requests under constitutional rights to family life.
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 respec....
The court affirmed that a State's refusal to grant a no-objection for inter-cadre transfers must be based on cogent reasons and not unsupported claims, recognizing the significance of family rights u....
Point of Law : when an order made for the benefit of a party is disregarded or violated and the Court enforces the order by punishing the delinquent for contempt, it is said that such proceedings is ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
