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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
APARESH KUMAR SINGH, G.M.MOHIUDDIN
Secretary, Government of India, Ministry of Home Affairs – Appellant
Versus
D. Kalpana Nayak – Respondent
ORDER :
Heard Sri N. Bhujanaga Rao, learned Deputy Solicitor General of India appearing for the petitioners and Sri K. Vivek Reddy, learned Senior Counsel on behalf of Sri G. Bheema Chary for the respondents and perused the record.
2. W.P.No.9758 of 2021, is filed under Article 226 of the Constitution of India, with the following prayer viz.,
the petitioners prays the Hon'ble Court to issue Writ, order or direction, especially one in the nature of Writ of Certiorari, calling for the records relating to order dated 24/1/2020 in O.A.No.372 of 2018 on the file of the Hon'ble Central Administrative Tribunal, Hyderabad Bench, Hyderabad and quash the same by declaring illegal, arbitrary, contrary to law and pass such other order or further orders as deem fit and proper.
3. The present Writ Petition has been filed by the Union of India, represented by its Secretary, Department of Personnel and Training (DoPT) challenging the order dated 24.01.2020 of the Central Administrative Tribunal (hereafter “Tribunal” for brevity) in O.A.No.21/372/2018 (hereafter “O.A” for brevity).
Factual matrix
4. The core facts leading to the filing of the present writ petition are as follows:
i. The respondent No.1 i
The authority over inter-cadre deputation and its duration exclusively resides with the Central Government, and deviations without proper statutory sanction can lead to administrative penalties.
Court requires substantiated grounds for denying inter-cadre transfer requests based on officer shortages, aligning with administrative rules.
Petitioner/Intervener with regard to violation of Rule 16(1) of Rules, 1958 and FR 56(d) and given a detailed finding that there is no violation of the said Rules, in view of the power of relaxation ....
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....
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 main legal point established in the judgment is that the transfer of the petitioner was found to be in compliance with the statutory rules governing the service, recommended by the Civil Services....
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