Inaction by parent cadre on inter-cadre transfer request for spouse co-location, despite receiving cadre consent, is unjustified; officer shortage not valid to delay indefinitely; time-bound NOC, transfer and relieving directed with deemed provisions.

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 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 Karnataka 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 time bound 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 Karnataka Cadre in IPS.”

FACTS OF THE CASE

2. As stated by the applicant, he is an IPS Officer of 2022 batch allotted to the West Bengal Cadre. The applicant got married to Ms. Shaloo, an IPS Officer of 2021 batch allotted to the Karnataka Cadre, on 02.03.2025. The marriage stands duly registered on 03.03.2025 (Annexure- A/1). In view of the marriage, the applicant became entitled to seek inter-cadre transfer under Rule 5 (2) of the IPS (Cadre) Rules, 1954 and as per consolidated guidelines issued by DoPT vide OM dated 11.11.2022 (Annexure-A/2)

2.1 Accordingly, the applicant submitted a detailed representation dated 17.03.2025 through proper channel and via e-mail to respondent No. 1 (Ministry of Home Affairs) seeking inter-cadre transfer from West Bengal to Karnataka on the ground of marriage. (Annexure-A/3 and Annexure-A/4). The Applicant also submitted similar representations and emails to respondent No. 2 (State of West Bengal) on the same date i.e. 17.03.2025 requesting issuance of No Objection Certificate (NOC) (Annexure- A/5 and Annexure-A/6). The request of the applicant was processed by respondent No. 1, which sought comments/views from respondent No. 2 for further action in accordance with the applicable guidelines.

2.2 The State of Karnataka (receiving cadre) has already conveyed its No Objection for the proposed inter-cadre transfer of the applicant. However, despite repeated representations and processing by respondent No. 1, respondent No. 2 has neither granted NOC nor communicated any decision, thereby causing undue delay in finalization of the applicant‟s transfer. The applicant thereafter sent reminder emails dated 12.05.2025, 16.06.2025 and 30.06.2025 to Respondent No.2 requesting expeditious consideration of his request.

(Annexure-A/7, Annexure- A/8 and Annexure-A/9)

2.3 Despite repeated efforts and follow-ups, respondent No. 2 has failed to take any decision, resulting in administrative delay, uncertainty and prejudice to the applicant‟s service rights as well as his right to family life.

2.4 The applicant relies upon the judgment dated 14.02.2025 passed by the Hon‟ble High Court of Delhi in W.P. (C) 1901/2025 (Chief Secretary, Govt. of West Bengal Vs. Vaibhav Bangar & Ors.), wherein similar in