The right to family life under Article 21 necessitates granting inter-cadre transfers for officers based on marriage, overriding administrative delays citing officer shortages.

O R D E R

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 AGMUT Cadre which she has sought on the ground of her marriage with Sh. Shubhankar Pratyush Pathak, IAS: 2022: AGMUT 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 Police Service (IPS) Officer of 2022 batch and has been allocated West Bengal Cadre. She got married to Sh. Shubhankar Pratyush Pathak, who is an IAS Officer of 2022 batch and has been allocated AGMUT Cadre. In view of her marriage, the applicant became eligible for making a request for change of her Cadre in the IPS from West Bengal cadre to AGMUT cadre as per OM dated 11.11.2022 (Annexure A-5) of respondent no. 1. Accordingly, the applicant made a representation/application dated 18.09.2024 (Annexure A-7) followed by various reminders dated 23.10.2024, 20.12.2024 and 27.12.2024 (Annexure A-8 (Colly)). However, no decision has yet been taken on such representation(s) of the applicant. Hence, the present OA seeking the following reliefs:

“(a) Direct Respondent No. 2 (Govt. of West Bengal) to issue No Objection Certificate (NOC) to Respondent No. 1 & the applicant vis-à-vis the proposed cadre change of the applicant within specified time period, and in the event Respondent No. 2 fails to issue NOC within that specified time period then declare that the NOC is deemed to be issued from said respondent/Govt. of West Bengal and;

(b) Direct Respondent No. 1 to issue NOC for transferring the applicant to AGMUT Cadre cand;

(c) Direct Respondent No. 1 to issue appropriate orders towards cadre transfer of applicant from West Bengal cadre to AGMUT cadre in terms of Rule 5(2) Indian Police Service (Cadre) Rules 1954 and;

(d) Direct Respondent No. 2 to immediately relieve the applicant, upon issuance of cadre transfer order by Respondent No. 1 and;

(e) In the event, Respondent No. 2 fails to relieve applicant within one week of issuance of cadre transfer order by Respondent No. 1 then declare that the applicant stands relieved from the strength of Govt. of West Bengal and the applicant shall report to MHA (Cadre Controlling Authority of AGMUT cadre) for further posting without any relieving order from the Respondent No. 2 and;

(f) Direct Respondent No. 1 to accept the reporting/joining of applicant and issue new posting order in AGMUT cadre considering deemed relieving of the applicant from Govt. of West Bengal without any relieving order from said Govt./Respondent No. 2 and;

(g) accord all consequential benefits (h) award costs of the proceedings (i) Any other relief which this Hon’ble Tribunal deems fit and proper in favour of the applicant.”

3. In response to notice, counter reply on behalf of Respondent no. 1 is on record. By referring to the counter reply, learned counsel for respondent no. 1 submits that the request of the applicant for inter cadre transfer was examined by the Ministry in terms of Rule 5(2) of the Indian Police Service (Cadre) Rules, 1954 and guidelines related to inter cadre transfer issued by the Department of Personnel & Training (DoP&T). The views/comments of Government of West Bengal and AGMUT were sought vide their letter/