2024 Supreme(Online)(CAT) 6219

CENTRAL ADMINISTRATIVE TRIBUNAL
R.N. Singh, J, Sanjeeva Kumar, A
Ananya Singh – Appellant
Versus
State of West Bengal – Respondent
Original Application (OA)

Inter-cadre transfer on marriage grounds is governed by Rule 5(2) and DoP&T guidelines; shortage of officers cannot automatically deny a legitimate NOC; tribunal mandated grant of NOC and subsequent transfer within defined timeframes with deemed relieving if not complied.

Headnote:(A) Indian Administrative Service (Cadre) Rules, 1954 - Rule 5(2); Office Memorandum dated 11.11.2022 (Annexure A-2); Office Memorandum dated 08.11.2004 - Consolidated guidelines on change of cadre of All India Service officers - policy regarding; DoP&T guidelines on inter-cadre transfer (as discussed in judgment). Key quoted references: "Rule 5(2) The Central Government may, with the concurrence of the State Governments concerned transfer a cadre officer from one cadre to another cadre."; "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."; "Inter-cadre transfer shall not be permitted to the home State of the officer."; Paragraphs 11-13 discuss applicability of Rule 5(2) and the OM provisions; Para 12 states the above quoted guidelines. (Para 11-13)

(B) Key legal principles or points of law discussed - quotes: "The Competent Authority in supersession of this Department’s O.M. cited above has decided that inter-cadre transfer may be availed of by AIS officers with the following conditions"; "Inter-cadre transfer shall not be permitted to the home State of the officer"; "Inter-cadre transfer shall continue to 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"; Further, the court reiterates that the plea of shortage of officers cannot justify denial: "the plea of shortage of officers is not tenable in view of catena of judgments" (as discussed in the decision). (Paras 8-12, 15)

(C) Important facts of the case - quotes: "The applicant is an Indian Administrative Service Officer of 2020 batch and has been allocated West Bengal cadre. She got married to an IAS Officer of 2019 batch and has been allocated Bihar cadre."; "In view of her marriage, the applicant became eligible for making a request for change of her Cadre in the IAS from West Bengal cadre to Bihar cadre as per OM dated 08.11.2004 and 11.11.2022 (Annexure A-2)."; "The Government of West Bengal, in response, vide their impugned letter dated 03.07.2024 have expressed their inability to give its consent for such inter cadre transfer due to an acute shortage of IAS Officers in the State Cadre vis-a-vis the sanctioned strength."; "The State of Bihar has admittedly issued the requisite ‘NOC’ for the cadre transfer sought for by the applicant."; "The impugned order dated 03.07.2024 has rejected the Cadre transfer request." (Paras 2-7)

(D) Main issues addressed by the court - quotes: "

Issues: The main issues were the authoritative document for determining age between the School Leaving Certificate and the Aadhar Card and the justification for the High Court's reduction of compensation." (This line is from the example headnote; in this case, the Tribunal framed issues around NOC/inter-cadre transfer on spouse ground and the effect of shortage of officers. A precise paraphrase from the judgment is: "The issues raised concern the grant of No Objection Certificate for inter-cadre transfer on grounds of marriage, and whether shortage of officers can bar such transfer, including the appropriate interpretation of the governing policy and rules.") (Para 15-16 in core reasoning) (E) Findings of the Court (ratio decidendi) - quotes: "The plea of shortage of officers in a catena of cases has been considered to be not justified for non-relieving of officer(s) for inter-cadre transfer requested on the ground of marriage."; "The Tribunal is of the considered view that the OA deserves to be allowed"; "the applicant deserves to have a No Objection Certificate from Respondent No.2 for inter-cadre transfer to Bihar cadre."; Further, the court directs: "Grant No Objection Certificate to the applicant within a period of two weeks... and thereafter take action for cadre transfer by passing necessary orders within four weeks"; "Once the cadre transfer is ordered... relieve the applicant to enable her to join the State of Bihar within two weeks’ time... failing which the applicant shall be deemed to have been relieved by Respondent No. 2". (Paras 12-16) (F) The final decision or result of the case (quote): "The OA deserves to be allowed and the same is accordingly allowed with the following orders: (i) the impugned order dated 03.07.2024... is set aside; (ii) Respondent No. 2 is directed to grant and issue No Objection Certificate to the applicant within a period of two weeks... (iii) the competent authority amongst Respondent No. 1 is directed to take action for cadre transfer... within four weeks of receipt of the No Objection Certificate from Respondent No. 2; (iv) the relieving and joining timelines set forth therein;"; and finally, "there shall be no order as to costs." (Para 16-17) (G) Parties involved in the case (structured without named entities): - Applicant: an All India Service officer (2020 batch) seeking inter-cadre transfer on marriage grounds. - Respondent No. 1 (employer/central authority): Secretariat Department of Personnel & Training, and related competent authorities. - Respondent No. 2 (home State authority): State cadre authority responsible for consent/NOC for inter-cadre transfer. - Other: spouse AIS officer allocated to the other state cadre, and government bodies involved with the cadre rules and policy. (All references are to the roles rather than personal identifiers.) (H) Dissenting opinions or alternative viewpoints: None stated; the judgment records a single decision directing grant of NOC and subsequent transfer, with no noted dissenting opinion in the text provided. (I) Paragraphs where key principles are discussed (as available): - Rule 5(2) - "The Central Government may, with the concurrence of the State Governments concerned transfer a cadre officer from one cadre to another cadre." (Para 11) - Office Memorandum provisions - "Inter-cadre transfer shall continue to be permitted for members of All India Service officers on marriage to another member of an All India Service...; Inter-cadre transfer shall not be permitted to the home State of the officer." (Para 12) - Shortage of officers not a bar - "the plea of shortage of officers in a catena of cases... has been considered to be not justified, for non-relieving of officer(s) for inter-cadre transfer requested on the ground of marriage"; direction to grant NOC and proceed with transfer (Paras 12-16) - Final direction and relief - "OA deserves to be allowed"; "set aside the impugned order"; "grant and issue No Objection Certificate... within a period of two weeks"; transfer orders within four weeks; deemed relieving if not complied (Paras 16-17) (Final format note: All references to statutes or policies have been kept to the level of description and quoted phrases where feasible, avoiding personal names and non-essential identifiers. The headnote reflects the judgment’s structure and outcome while maintaining a concise, professional style.)