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.

Headnote:(A) Inter-Cadre Transfer Policy - Department of Personnel and Training Office Memorandum dated 8 November 2004 - Section 5(2) of the IPS (Cadre) Rules, 1954 - Denial of request for inter-cadre transfer by the Government of West Bengal due to shortage of officers not valid as a reason; Courts have consistently upheld spousal transfers to ensure family unity. (Paras 5, 6, 18-21)

(B) Right to Family Life - The State's interference with family life must be proportional; refusal of inter-cadre transfer based solely on officer shortage is insufficient and has been repeatedly rejected by Courts; family rights are to be respected under Article 21 of the Constitution. (Paras 19, 20)

Facts of the case:
The respondent, an IPS officer allocated to West Bengal, married another IPS officer from UP. He requested an inter-cadre transfer to be with his wife, which UP government supported, but West Bengal denied, citing officer shortages. (Paras 2-5)

Findings of Court:
The Court rejected the reasoning of officer shortages as a basis for denying the transfer, reinforcing the need to prioritize family life and previously established legal principles on spousal transfers. (Paras 18-21)

Issues: Whether the Government of West Bengal's refusal of the transfer request on grounds of officer shortages was justifiable, considering precedents affirming spousal transfers. (Paras 10, 11)

Ratio Decidendi: The Court reiterated that the right to family life is a fundamental right and rejected claims of officer shortages as a valid ground to deny an inter-cadre transfer. It emphasized that the State must balance personnel needs with individual rights. (Paras 18-21)

Result: The petition by the State of West Bengal was dismissed, and the court directed issuance of a no-objection directive for the inter-cadre transfer within two weeks.

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 West Bengal

To:

The Under Secretary to the Govt. of India,

Ministry of Home Affairs, Room No.220,

North Block, New Delhi-110001

Kind Attn.: Shri Anjan Sarkar, Under Secretary to the Government of India

Sub: Inter-cadre transfer of Shri Vaibhav Bangar, IPS (WB:2021) from West Bengal to Uttar Pradesh on the ground of his marriage with Ms. Neetu, IPS (UP:2020) - Reg:

Ref: Your Letter No.1- 11014/02/2024 - IPS IV dated 18.01.2024

Sir,

With reference to above, I am directed to inform you that the Government of West Bengal is not agreeable to the inter - cadre transfer of Shri Vaibhav Bangar, IPS (WB:2021) from West Bengal to Uttar Pradesh on the grounds of his marriage with Ms. Neetu, IPS (UP:2020).

In this connection, I am further directed to inform you that this Government has no objection if Ms. Neetu, IPS (UP:2020) joins West Bengal Cadre from, Uttar Pradesh Cadre on inter - cadre transfer, on the, same grounds.

Yours faithfully

Sd/-

Senior Deputy Secretary

to the Government of West Bengal.”

6. Aggrieved thereby, Respondent 1 approached the Central Administrative Tribunal [“the Tribunal” hereinafter] by way of OA 1409/2024.

7. The Tribunal took note of Rule 5(2) of the IPS (Cadre) Rules, 1954, which read thus:

“5(2) The Central Government may, with the concurrence of the state Governments concerned transfer a cadre officer from one cadre to another cadre.”

8. Before the Tribunal, Respondent 1 placed reliance on DoP&T OM dated 11 November 2022, of which the relevant paras may be reproduced thus:

“a. 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. Inter-cadre transfer shall also be permitted on grounds of extreme hardship in the rarest of cases.”

b. Inter-cadre transfer shall not be permitted to the home State of the officer.

c. In cases of inter-cadre transfer on grounds of marriage, efforts should be made in the first instance to ensure that the cadre of one officer accepts his or her spouse.

d. Only in instances where both States have refused to accept the other spouse, the officers will be considered for transfer by the Government of India to a third cadre subject to the consent of the Cadres concerned for such transfer.

9. Having heard the parties, the Tribunal allowed Respondent 1’s OA. It relied, for the said purpose, on the judgment of the Supreme Court in S.K. Nausad Rahaman v UOI, (2022) 12 SCC 1, as well as the judgments of this Court in Bhavna Gupta v. UOI , 2020 SCC OnLine Del 2071, Loganayagi Divya V. v. UOI , 2020 SCC OnLine Del 811, State of West Bengal v. Raj Karan Nayyar , judgment dated 1 November 2018 in W.P. (C) No. 11966/2019, Govt. of West Bengal v. Arsh Verma , MANU/DE/1390/2022, Renu Sogan v. UOI , MANU/C