SC ruling on inter-cadre transfer

By T. Padmanabha Rao

NEW DELHI, SEPT. 11. The policy of the Central Government with regard to ``inter-cadre transfers of `All-India Service Officers' does not permit `inter-cadre transfer' of an All India Service Officer'' in a given case to his/her `home State'' on ground of `marriage', the Supreme Court has held.

``In view of this policy, there was no question of directing the Central Government to consider the case of respondent No.1 (Ms. Mamta Anurag Sharma) to transfer her to Andhra Pradesh (A.P.) IPS cadre,'' the Bench said.

The Bench comprising Mr. Justice M.B. Shah and Mr. Justice R.P. Sethi set aside an order of the A.P. High Court which directed the Central Government to consider the request of the first respondent-officer for her transfer to the State of Andhra Pradesh within four months from the date of the receipt of its (High Court's) order.

The first respondent joined the Indian Police Service (IPS) with effect from September 1, 1982, and was allocated to IPS cadre of West Bengal.

Her home-State was Andhra Pradesh. In 1985, she got married to Mr. Anurag Sharma who was also an IPS officer of AP cadre.

The Bench, in allowing a group of two connected appeals from the Union of India (UoI) against the verdict of the High Court, however, noted a submission of the Additional Solicitor-General appearing for the UoI which said that ``if husband of respondent No. 1 files any application within two months from today for being transferred and posted in IPS cadre in West Bengal, the same would be granted and appropriate orders would be passed.''

``It appears that the High Court has not taken into consideration first part which is the Preamble of the aforesaid policy (of inter-cadre transfers in case of All-India officers) which specifically provides that the transfer of any spouse of the All- India Services Officers should not be allowed to the Home State,'' the Bench noted and added that ``subject to this condition, inter-cadre transfer of officers is to be considered on the ground (a) marriage, or (b) extreme hardship.''

``Negative provision is also made to the effect that generally no cadre transfer should be permitted on medical ground/personal reasons and also on the ground of marriage to an officer serving in a Central Service/State Service/Public Service Undertaking/any other organisation,'' the Bench said.

After marriage, respondent No. 1 requested for change of her cadre from West Bengal to Andhra Pradesh on the ground of marriage with an IPS officer of the cadre of Andhra Pradesh. Her request for transfer to Andhra Pradesh was rejected.

The High Court made the impugned order on a petition from the first respondent challenging the Centre's order dated March 10, 1998 which permitted inter-cadre transfer of her husband from Andhra Pradesh cadre to West Bengal IPS cadre.

The Government of Andhra Pradesh was requested to release husband of respondent No. 1.

``However, it appears that he was not willing to be considered for the IPS cadre of West Bengal and, therefore, he declined the said offer by his letter dated December 12, 1998'' and ``he emphatically stated that he was not willing for a `cadre transfer' from Andhra Pradesh to any other State including the State of West Bengal,'' the Bench noted.

Send this article to Friends by E-Mail

Section  : National
Previous : Cabinet 'nod' for amending Explosives Act
Next     : PM summons Rajnath to finalise U.P. strategy