ORDER

Hon’ble Mr. R.N. Singh, Member (J):

In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant is aggrieved by non-grant of ‘No Objection Certificate’ (hereinafter referred to as ‘NOC’) for change of his cadre from West Bengal Cadre to Odisha Cadre vide his application dated 27.7.2023 (Annexure A-2) which he has sought on the ground of his marriage with Ms. S. Susree, IPS: 2018: Odisha in consonance with change of cadre of ‘All India Service Officers – Policy’ and in view of various judgments of this Tribunal as well as of the Hon’ble High Court of Delhi in WP (C) Nos.13444/2019, 3927/2020 and 11966/2018.

2. The relevant facts leading to filing of the present OA are that the applicant is an IPS Officer of 2018 Batch and who was allotted West Bengal Cadre. He got married to Ms. S. Susree, IPS:Odisha:2018 on 28.6.2023. In view of his marriage, the applicant became eligible for making a request for change of his Cadre in the IPS from West Bengal cadre to Odisha cadre as per the ‘change of cadre of All India Service Officers – Policy’ vide OM dated 08.11.2004 (Annexure A-6) of the respondent No.1. Accordingly, the applicant made a representation/ application dated 27.7.2023 (Annexure A-2) for change of his cadre on marriage grounds in terms of the aforesaid Policy from West Bengal Cadre to Odisha Cadre, which was forwarded to the Ministry of Home Affairs and at the same time, the applicant submitted application to DG &amp; IG of Police West Bengalm Nabanna, Shibupr, Hawrah and to the Joint Secretary, Police-I Division, Ministry of Home Affairs, New Delhi. The respondent No.1 sent a letter dated 18.8.2023 (Annexure A-5) to the respondent no.2 as well as to the State of Odisha to offer view/comments on the aforesaid request of the applicant. The DG &amp; IGP, West Bengal forwarded the same vide letter dated 24.8.2023 (Annexure A-1) to the competent authority, i.e., Govt. of West Bengal for NOC for his change of cadre request. However, when nothing has been done in the matter, the applicant has sent reminder dated 21.9.2023 (Annexure A-3) to respondent no.2 for an early action. Meanwhile, Govt. of Odisha was pleased to issue the requisite NOC vide letter dated 1.9.2023 (Annexure A-4) for inter-cadre transfer of the applicant from West Bengal to Odisha on the grounds of his marriage with Ms. S. Susree, IPS (OD:2018). Hence the applicant has filed this OA for seeking the following reliefs:- <br/>

“(i) To direct the respondents to complete the requisite exercise of change of cadre of applicant from West Bengal to Odisha cadre without any delay and by following the same analogy as followed in the case of Arsh Verma, Bhavna Gupta, Loganayagi Divya V. and Gandharva Rathore.

(ii) To quash and set aside the order dated 24.08.2023 to the extent the same was not treated as NOC by R-2 and direct the R-2 to issue NOC as issued by State of Odisha for timely completion of Inter-

Cadre transfer procedure of applicant from West Bengal to State of Odisha by R-1.

(iii) To direct the Respondent No.1 to issue the order of inter-cadre transfer on the basis of NOC of State of Odisha and deemed NOC by State of West Bengal as per law laid down by the Hon’ble High Court and Hon’ble Supreme Court.

(iv) To declare the action of respondent no.2 in delaying the NOC and thereby delaying the joining of applicant in Odisha Cadre as illegal and issue appropriate directions to Respondent No.2 to issue NOC and relieve the applicant to join the Odisha Cadre.

(v) To allow the OA with cost.

(vi) Such other and further order which their Lordships of this Hon’ble Tribunal deem fit and proper may please be passed.”

3. Pursuant to notice from this Tribunal, both the respondents have filed their replies.

4. Shri Gyanendra Singh, learned counsel appearing for respondent no.1, by referring to the counter reply filed on behal