The Delhi High Court directed the West Bengal Government to relieve an IAS officer of the State cadre declining the plea of the State that stated “There is an extreme shortage of officers as a number of officers have sought transfer from the West Bengal cadre on account of their marriage to officers belonging to other State cadres.”
A Bench of Justice Manmohan and Justice Navin Chawla declined to entertain the plea of the State government that “there is an extreme shortage of officers as a number of officers have sought transfer from the West Bengal cadre on account of their marriage to officers belonging to other State cadres”.
The Court dismissed the State’s petition against the decision of the Central Administrative Tribunal (CAT) ordering the State to permit a no-objection certificate (NOC) to IAS officer Gandharva Rathore for cadre transfer of her husband’s, an IAS officer in Himachal Pradesh.
The Court further noted the issue raised by the West Bengal Government as “No longer res integra” meaning the points of law which have not been decided yet.
Ms Rathore, 2016 batch was allocated to the West Bengal Cadre. She married Anurag Chander of the very batch of Himachal Pradesh cadre on October 31, 2017, and made representation to the State seeking change in cadre on grounds of marriage in November 2017.
She made a illustration to the State authorities in November 2017 searching for change of her cadre on the grounds of marriage. The Himachal authorities has conveyed its no objection to the inter-cadre switch.
The West Bengal authorities mentioned it was keen to accord NOC for cadre change of the husband, if he applies for it.
The High Court mentioned the problem raised by West Bengal is “no longer res integra” [points of the law which have not been decided]. It cited a number of judgments in favour of cadre switch on grounds of marriage.
