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CENTRAL ADMINISTRATIVE TRIBUNAL
Harvinder Kaur Oberoi, Judicial Member, Rajinder Kashyap, Administrative Member
Mane Swapnil Tukaram – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. applicant's marriage entitles inter-cadre transfer request. (Para 1 , 2) |
| 2. inaction violates article 21; shortage plea rejected. (Para 4 , 7) |
| 3. inter-cadre transfer requires state concurrence per rules. (Para 5) |
| 4. oa premature; shortage justifies delay in noc. (Para 6) |
| 5. inaction unsustainable; shortage not absolute bar. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 6. spouse policy mandates transfer; family life under article 21. (Para 15 , 16) |
| 7. direct noc and transfer orders issued. (Para 17 , 18 , 19) |
O R D E R
Hon’ble Mr. Rajinder Kashyap, Member (A):-
1.By filing the present O.A. under Section 19 of the Administrative Tribunals Act, 1985, the applicant has sought the following reliefs:-
“i. The present OA be allowed.
ii. The Respondent No. 2 may please be directed to grant NOC to the Applicant forthwith or within or within a time bound 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 Karnataka Cadre by passing necessary order(s) in this regard within a time bound manne
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