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DELHI HIGH COURT
MANMOHAN, NAVIN CHAWLA
State of West Bengal – Appellant
Versus
Gandharva Rathore – Respondent
| Table of Content |
|---|
| 1. noc for cadre transfer case details. (Para 2) |
| 2. counsel's requests and state's response. (Para 3 , 4 , 6) |
| 3. precedent cases affecting current judgment. (Para 5 , 7) |
| 4. writ petition dismissal and relief directive. (Para 8) |
| 5. order and notification instructions. (Para 9) |
JUDGMENT
Manmohan, J. (Oral)--The petition has been heard by way of video conferencing.
2. The State of West Bengal impugns the order dated 04th December, 2020 of the Central Administrative Tribunal (CAT), Principal Bench, New Delhi, allowing OA No.3579/2019 preferred by the respondent no.1 impugning non-grant of No Objection Certificate (NOC) for change of her cadre in the Indian Administrative Service (IAS) from West-Bengal to Himachal Pradesh, to an officer of which cadre the respondent no.1 has been married. By way of the impugned order, the petitioner has been directed to issue NOC/consent for cadre transfer of the respondent No.1 from the State of West Bengal to Himachal Pradesh.
3. On the last date of hearing, learned counsel for the petitioner had prayed for some time to obtain instructions. Though it was made clear that no adjournment would be granted today, yet learned counsel for the
The court emphasized the necessity for the State to comply with established precedents regarding cadre transfers, mandating the issuance of a No Objection Certificate for the respondent.
The court affirmed that administrative decisions regarding cadre transfers must respect the right to family life, emphasizing the need for compassion in processing requests.
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....
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....
Judicial oversight ensures administrative delays do not impede new transfer requests, allowing prompt decisions on applications submitted within justifiable timelines.
Court requires substantiated grounds for denying inter-cadre transfer requests based on officer shortages, aligning with administrative rules.
Dismissal of original application on the ground of limitation does not prevent the disposal of the petitioner's second representation.
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