Inter-cadre transfers based on marital grounds should be prioritized, and administrative reasons like officer shortages cannot justify denials, divesting officers of family rights.

ORDER (ORAL)

Per: Justice Ranjit More, Chairman

Since the pleadings are complete, by consent of learned counsel for the respective parties, we heard this matter finally at the admission stage.

2. By filing this O.A., the applicant is seeking the following reliefs:

“ii. The Respondent No. 2 may please be directed to grant NOC to the Applicant forthwith or within a timebound manner, failing which NOC be directed to be deemed to have been issued by the Respondent No. 2.

iii. Thereafter the competent authority amongst Respondent No. 1 be directed to take immediate action for cadre transfer of the Applicant from West Bengal Cadre to Joint AGMUT Cadre by passing necessary order(s) in this regard within a timebound manner.

iv. After the cadre transfer is ordered by the Respondent No. 1, the Respondent No. 2 be directed to relieve the Applicant to enable him to join the Joint AGMUT Cadre within the time frame as ordered by the Respondent No. 1 or within two weeks of the necessary order of Respondent No. 1 in this regard,

v. Failing the timebound relieving by the Respondent No. 2, it may be directed that the Applicant should be deemed to be relieved after expiry of said period (granted by the Respondent No. 1) or two weeks whichever is later, to enable him to join the Joint AGMUT Cadre”

3. The brief facts giving rise to the present O.A. are that the applicant is an IPS officer of the 2022 batch and has been allocated the West Bengal Cadre. The applicant got married to Dr. Akansha Milind Tamgadge, who is also an IPS officer of the 2022 batch and has been allocated the AGMUT Cadre. In view of the applicant’s marriage, he became eligible to make a request for inter-cadre transfer from the West Bengal Cadre to the AGMUT Cadre as per the Office Memorandum dated 11.11.2022 issued by Respondent No. 1. Accordingly, the applicant made a representation dated 28.11.2024, followed by several reminders, however, no decision has been taken on such representation. Hence, the present O.A. has been filed for the reliefs stated hereinabove.

4. In response to the notice, counter reply has been filed on behalf of Respondent No. 1 (Union of India) and Respondent No. 3 (Ministry of Home Affairs). Mr. Agarwal, learned counsel referring to the counter reply, submits that Respondent No. 3 could not process the request of the applicant in the absence of concurrence of the parent cadre, i.e., the State of West Bengal. He further submits that since the applicant belongs to the West Bengal Cadre, the onus of granting a No Objection for inter-cadre transfer to the applicant also lies on the State of West Bengal. He lastly submits that, in the absence of views/comments/reply of the West Bengal Government, it is difficult to ascertain whether the State of West Bengal, i.e., Respondent No. 2 herein, intends to grant a No Objection to the applicant.

5. Ms. Bhattacharjee, learned counsel for Respondent No. 2, has also filed a counter reply. She submits that the O.A. is premature and the applicant ought to have awaited the decision on his representation by the State of West Bengal. She further submits that the cause of action accrues only upon rejection of the applicant’s representation by the West Bengal Government. With regard to the merits, she submits that the sanctioned strength of IPS officers in West Bengal is 347, whereas the actual strength as on date is only 297. Therefore, due to lack of officers, they are unable to accede to the request of the applicant for inter-cadre transfer.

6. We have carefully considered the pleadings and have given anxious thought to the submissions advanced by learned counsel for the respective parties.

7. So far as the preliminary objections raised by Respondent No. 2 regarding the O.A. being premature are concerned, it is un