Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
CHIEF SECRETARY GOVT OF WEST BENGAL – Appellant
Versus
VAIBHAV BANGAR & ORS. – Respondent
JUDGMENT :
C. HARI SHANKAR, J.
1. Respondent 1 belongs to the 2021 batch of the Indian Police Service [“IPS” hereinafter]. He was allocated the West Bengal cadre.
2. On 26 December 2023, Respondent 1 married one Neetu, who belongs to Varanasi, Uttar Pradesh [UP hereinafter] and is an IPS Officer of the 2020 batch, allocated to the UP cadre.
3. Respondent 1 represented to the State of UP and the State of West Bengal for permission to transfer him from the West Bengal to the UP cadre so that he could be with his wife. The request was made in terms of the inter cadre transfer policy laid down by the Department of Personnel and Training in OM dated 8 November 2004 which provides, inter alia, thus:
“Inter-cadre transfer shall be permitted for members of All India Service officers on marriage to another member of an All India Service, where the officer or officers concerned have sought a change.”
4. The Government of UP stated that it had no objection to the transfer of Respondent 1 from the West Bengal cadre to the UP cadre.
5. However, the Government of West Bengal rejected the request by a communication dated 7 March 2024, which read thus:
“From:
Senior Deputy Secretary
to the Government of Wes
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.
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....
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....
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.
No absolute right to spouse posting transfer absent specific post vacancy; reservations inapplicable to transfers but roster compliance mandatory.
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
