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

her cadre from West Bengal Cadre to Rajasthan Cadre vide

her application dated 13.7.2023 (Annexure A-1), which

she has sought on the ground of her marriage with an IAS

:RJ:2022, namely, Shri Shubham Ashok Bhaisare, in

consonance with change of cadre of ‘All India Service

Officers – Policy’ and also in view of various judgments of

this Tribunal as well as of the Hon’ble High Court of Delhi

in Writ Petition (C) No.13444/2019, titled Bhavna Gupta

vs. The Union of India and others, decided on 3.2.2020,

Writ Petition (C) No.3927/2020, titled Ms. Loganayagi

Divya V. vs. Union of India & Ors. decided on

22.7.2020, Writ Petition (C) No.11966/2018, titled The

State of West Bengal vs. Raj Karan Nayyar and

another, decided on 2.11.2018; and recent judgment in

Writ Petition (C) No.2262/2022, titled Govt. of West

Bengal vs. Arsh Verma and others, decided on

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7.4.2022. The applicant has further challenged the letter

dated 20.7.2023 (Annexure A-2) vide which the competent

authority of the Govt. of West Bengal has rejected the

above request of the applicant for grant of NOC in her

favour for inter-cadre transfer from West Bengal Cadre to

Rajasthan Cadre on the ground of her marriage with Shri

Shubham Ashok Bhaisare, IAS, 2022 due to shortage of

IAS Officers in the State.

The relevant brief facts for adjudication of the issue

involved in the present case are that the applicant, a

permanent resident of Bihar, is an IAS Officer of 2022

Batch (under training), West Bengal Cadre. She got

married to her batch-mate, namely, Shri Shubham Ashok

Bhaisare, IAS:Rajasthan:2022 on 3.7.2023. 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 Rajasthan cadre as per the consolidated

guidelines on the change of cadre of All India Service

Officers – Policy vide OM dated 11.11.2022 of Govt. of

India,

DoP&T.

Accordingly,

the

applicant

made

a

representation/application dated 13.7.2023 (Annexure A-

1) for change of her cadre on marriage grounds in terms of

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the aforesaid Policy from West Bengal Cadre to Rajasthan

Cadre. The same was considered by the competent

authority of Govt. of West Bengal but her request for inter-

cadre transfer was rejected on the ground of shortage of

IAS Officers in the State Cadre vide impugned order dated

20.7.2023 and instead they have conveyed their No

Objection, for the spouse of the applicant, namely, Shri

Subham Ashok Bhaisare, IAS (Rajasthan:2022) joins West

Bengal cadre from Rajasthan Cadre on inter cadre

transfer. Being aggrieved, the applicant has filed the

present OA under Section 19 of the Administrative

Tribunals Act, 1985, citing the judgments of the Hon’ble

High Court of Delhi as well as of this Tribunal in support

of her claim, for seeking the following reliefs:-

“(i)

allow the present application of the

Applicant and on perusal of the records

and after hearing the parties; and

(ii)

Quash

the

impugned

order

dated

20.07.2023, whereby the cadre change

request of the applicant was rejected by

the respondent no.2.

(iii) To declare the action of respondent no.2

in

rejecting

the

NOC

and

thereby

delaying the joining of applicant in

Rajasthan Cadre as unfair and issue

appropriate directions to Respondent

No.2 to issue NOC within the 4 weeks

and relieving to join the Rajasthan

Cadre.

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(iv)

To direct the respondents to complete

the requisite exercise of change of cadre

of applicant from West Bengal to State of

Rajasthan 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.

(v)

Such other and further order which their

Lordships of this Hon’ble Tribunal deem

fit and proper may please be passed.”