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 petitioner herein to allow the cadre transfer of the respondent No.1 from West Bengal to Odisha cadre, it could has at the most direct the petitioner herein to consider the request of the respondent No.1 for inter-cadre transfer.

3. She has drawn our attention to page 18 of the paper book to contend that there is dearth of officers in the cadre and the petitioner cannot afford to allow an officer in its cadre to seek transfer to a different cadre.

4. We are unable to agree with Ms. Bhattacharjee for the reasons already stated by the Tribunal in paragraph 10, which we reproduce as under:

"10. The facts as noted in para 2 above are not in dispute. So far as respondent nos.1 & 2 are concerned, having regard to the reply and submissions made on behalf of respondent nos.1 & 2, the said respondents have stated that since Govt. of West Bengal is not agreeable to grant No objection to the applicant for her inter cadre transfer from West Bengal to Odisha on the ground of marriage with Shri Amritpal Singh, IPS:OD:2021, her spouse may apply for his inter cadre transfer from Odisha to West Bengal cadre on the said ground and the West Bengal Cadre have already provided their consent for such inter cadre transfer. The grounds for not issuing No Objection to the applicant as raised in the instant case by the respondent no.3 have already been dealt with by the Hon'ble Delhi High Court in Arsh Verma (supra), the relevant portion of the said Order/Judgment reads as under:

"4. The learned counsel for the petitioner states that:

i) there is an extreme shortage of officers since a number of officers have sought transfer from West Bengal Cadre on various grounds, including the ground on account of their marriage to officers belonging to other State cadres; ii) the petitioner is a male and there are no urgencies of duties towards the family which could require the State to relieve him and iii) it is the discretion of the State to do so in light of the fact that there is a shortage of officers in the State.

5. On the other hand, the learned counsel for the respondent no. 1 submits that the respondent has not been able to start a family, as his wife is posted in a different State, nor is he able to take care of his family and his ailing widowed mother; he says that he needs to be stationed at the same place as them. He further submits that while deciding such cases, the authorities may well keep it in mind that the young officers, who are stationed at different places having different State Cadres will find it difficult to even start their family.

6. The learned counsel for the respondent no. 2 submits that the issue raised by the petitioner in the present case is no longer res integra and the same has been decided by the various judgments of this Court.

7. The issue raised in t