1. Inter-cadre transfer on marriage grounds refused due to shortage of officers — challenge under Section 19 of Administrative Tribunals Act, 1985. (Para 1 , 2 )
Back
Next 
2024 Supreme(Online)(CAT) 6219
CENTRAL ADMINISTRATIVE TRIBUNAL
R.N. Singh, J, Sanjeeva Kumar, A
Ananya Singh – Appellant
Versus
Union of India – Respondent
O.A. No. 2992/2024
Advocates:
For the Appellants/Petitioners: Sh. Mayank Jain
For the Appellants/Petitioners: Sh. Mayank Jain
Shortage of officers in a State cadre is not a valid ground to deny inter-cadre transfer of an All India Service officer on the ground of marriage under Rule 5(2) of the Cadre Rules read with the Department's guidelines.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Indian Administrative Service (Cadre) Rules, 1954 - Rule 5(2) - Office Memorandum dated 11.11.2022 - Inter-cadre transfer on marriage ground - Non-grant of No Objection Certificate (NOC) by State Government - Shortage of officers as reason for refusal - Right to family life under Article 21 - The plea of shortage of officers has been consistently rejected by this Tribunal and the Hon'ble Delhi High Court in a catena of cases; the receiving cadre having issued NOC and the officer not seeking transfer to her home State, the refusal is not justified. (Paras 7, 12, 14, 15)
(B) The policy on inter-cadre transfer does not entitle a State to dictate which spouse should seek transfer; the officer concerned has the discretion. (Para 10)
(C) Judicial precedent - The order in Shubhanwita vs. Union of India & Anr. (OA 3237/2023, decided 03.05.2024) and the judgments cited therein (including Bhavna Gupta, Sagar, Arsh Verma) are binding on the issue. (Paras 8, 14)
Facts of the case:
The applicant, an IAS officer of 2020 batch allocated to West Bengal Cadre, married Sri Kumar Anurag, IAS (2019 batch, Bihar Cadre). She sought inter-cadre transfer to Bihar under Rule 5(2) read with OM dated 11.11.2022. The State of Bihar issued NOC, but the State of West Bengal (Respondent No. 2) rejected the request vide letter dated 03.07.2024 citing acute shortage of IAS officers (sanctioned strength 378; actual 293). The applicant then filed this OA before the Central Administrative Tribunal, Principal Bench, New Delhi.
Findings of Court:
The Tribunal held that the plea of shortage of officers is not tenable in view of numerous judgments of the Tribunal and the Delhi High Court (including Shubhanwita, Bhavna Gupta, Sagar, Arsh Verma) which have consistently directed the State of West Bengal to grant NOC in similar matters. The OM dated 11.11.2022 permits inter-cadre transfer on marriage ground and does not bar transfer to Bihar as it is not the applicant's home State. The respondent's insistence on the husband seeking transfer is not supported by policy or law. The judgments cited by the respondent (Rajiv Yadav, Mhathung Kithan) were distinguished as being inapplicable to the specific rule and policy in question.
Issues: 1. Whether the refusal of NOC by the State of West Bengal on the ground of acute shortage of officers is justified? 2. Whether the State can insist that the husband (instead of the wife) must seek cadre transfer? 3. Whether the applicant is entitled to be relieved within a stipulated time frame?
Ratio Decidendi: The court ruled that the consistent judicial view, upheld up to the Supreme Court, is that shortage of officers is not a valid ground to deny inter-cadre transfer on marriage grounds; the policy does not permit the State to dictate which spouse should transfer; and once the receiving State has granted NOC and the transfer is not to the officer's home State, the parent State must issue NOC. The Tribunal set aside the impugned order dated 03.07.2024 and directed issuance of NOC within two weeks, failing which it would be deemed issued, with further timelines for transfer and relieving.
Result: OA allowed with directions as above. No order as to costs.
Legal Category Hierarchy
Table of Contents
2. Refusal violates right to family life under Article 21 versus administrative exigency of shortage of officers. (Para 7 , 9 )
3. OA allowed — impugned order set aside — respondent directed to grant NOC within two weeks, otherwise deemed granted. (Para 16 )
4. Is shortage of officers in the parent cadre a valid ground to deny inter-cadre transfer requested on marriage grounds?
No, as consistently held by courts, administrative exigency of shortage cannot override the policy and right to family life. (Para 10 , 12 , 14 , 15 )
5. Does the state have the discretion to dictate which spouse should seek cadre transfer?
No, the discretion to decide who seeks transfer lies with the officer couple, and the state cannot force the other spouse to seek transfer. (Para 10 , 14 )
6. Does refusal of inter-cadre transfer on marriage grounds violate the right to family life under Article 21?
Yes, the right to a healthy family life is protected under Article 21 and must be balanced against administrative needs; refusal without valid cause infringes it. (Para 8 , 10 , 12 )
ORDER
Hon’ble Mr. R.N. Singh, Member (J):
The present Original Application (OA) has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 feeling aggrieved by non grant of No Objection Certificate (hereinafter referred to as NOC) by the Respondent no. 2 for change of her cadre from West Bengal Cadre to Bihar Cadre which she has sought on the ground of her marriage with Sh. Kumar Anurag, IAS: 2019: Bihar in consonance with the Rules and policy on the subject and in view of various judgments of this Tribunal as well as those of the Hon’ble High Court of Delhi.
2. The relevant facts leading to filing of the present OA are that the applicant is an Indian Administrative Service (IAS) Officer of 2020 batch and has been allocated West Bengal Cadre. She got married to Sh. Kumar Anurag, who is 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) of respondent no. 1. Accordingly, the applicant made a representation/application dated 08.04.2024 (Annexure A-5) to the Chief Secretary, Government of West Bengal for change of her cadre on marriage grounds in terms of the aforesaid Policy. The Government of West Bengal, in response, vide their impugned letter dated 03.07.2024 (Annexure A-1) have expressed their inability to give its consent for such inter cadre transfer from West Bengal Cadre to Bihar Cadre due to an acute shortage of IAS Officers in the State Cadre vis-a-vis the sanctioned strength. They have instead conveyed their no objection if the spouse of the applicant, Sh. Kumar Anurag, IAS joins West Bengal Cadre from Bihar Cadre. Vide letter/application dated 09.06.2024 (Annexure A-6), the husband of the applicant requested the State of Bihar to convey its NOC for inter-cadre transfer of the applicant herein from West Bengal Cadre to Bihar Cadre on ground of marriage which was accepted and conveyed by the State of Bihar through its Under Secretary vide letter dated 24.06.2024 (Annexure A-7). Subsequently, the State of West Bengal, i.e. respondent No. 2 vide the impugned order dated 03.07.2024 has rejected the Cadre transfer request of the applicant and thus, being aggrieved by the non grant of NOC, the applicant has filed the OA seeking the following reliefs:
“(a) Quash the impugned order dated 03.07.2024, whereby the cadre transfer request of the applicant was rejected by the Respondent No. 2; and
(b) Direct the Respondent No. 2 to grant NOC for change of cadre of the applicant from West Bengal to Bihar in a time bound manner within 4 weeks and consequentially the respondents be directed to transfer the Applicant to Bihar Cadre forthwith; and
(c) Pass Direction to the Respondents that the Applicant shall be deemed to be released at the end of 4 weeks, if the NOC is not granted by Respondent No. 2 till then; and
(d) Direct the respondent No. 1 to enable the Applicant to take charge in the Bihar Cadre by passing necessary orders;
(e) Any other relief which this Hon’ble Tribunal may deem fit and appropriate in the circumstances of the case.”
3. In response to notice, on behalf of Respondent no. 1, it has been submitted that at this stage, there is no role of respondent no. 1 inasmuch as the respondent no. 2 has not given the requisite NOC. A copy of reply filed on behalf of respondent no. 1 vide diary number 9118 has been placed on record. Respondent no. 2 has filed counter reply.
4. In the reply filed on behalf of respondent no. 2, it is submitted that the applicant is an Indian Administrative Service Officer of 2020 and was allocated West Bengal cadre. Currently, she is posted at Tehatta, District-Nadia, West Bengal as Sub-Divisional Officer. Vide her application/representation dated 08.04.2024, she requested the Chief Secretary, Government of West Bengal for NOC for change of her cadre from Wes
