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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Kritika Sharma – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. background of the transfer request (Para 1) |
| 2. tribunal's directive for reconsideration (Para 2) |
| 3. update on decision and related cases (Para 3 , 4) |
| 4. further legal proceedings suggested (Para 5) |
| 5. writ petition's disposal and cost order (Para 6 , 7) |
JUDGMENT
[Court hearing convened via video-conferencing on account of COVID-19]
Rajiv Shakdher, J.: (ORAL)--The petitioner, who is a part of the All India Services, had made a representation as far back as on 12.05.2015 for being transferred from the State of West Bengal (WB), where she is posted, to the State of Uttar Pradesh (UP), where her husband, who also belongs to the All India Services, is posted.
1.1. The record shows that the State of UP gave its no objection qua inter- cadre transfer on 08.07.2015. Respondent no. 2/State of WB, however, rejected the aforementioned request of the petitioner, in the first instance, on 12.02.2016.
1.2. Thereafter, it appears that the petitioner preferred several representations, as regards the inter-cadre transfer. In the interregnum, according to the petitioner, several inter-cadre transfers, on the ground of Marriage, have taken place, although, the petitioner's request,
The court mandated timely administrative reviews for inter-cadre transfers, emphasizing that undue delays warrant judicial intervention and recognizing the right to fair administrative processes.
Court requires substantiated grounds for denying inter-cadre transfer requests based on officer shortages, aligning with administrative rules.
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 : 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....
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.
Inter-cadre transfers based on marital grounds should be prioritized, and administrative reasons like officer shortages cannot justify denials, divesting officers of family rights.
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.
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