CAT Orders Reluctant WB Govt To Allow Inter-Cadre Transfers Of AIS Officers On Marital Grounds

The latest case is of a 2022-batch Indian Police Service (IPS) officer of West Bengal cadre, Aashish Kumar, who had sought a No Objection Certificate (NOC) from the state government for an inter-cadre transfer to the AGMUT cadre on account of his marriage to his batchmate Dr Akansha Milind Tamgadge, who has been allotted to the AGMUT cadre.

The repeated reminders to the state government for the NOC fell on deaf ears, and this forced Kumar to approach the Central Administrative Tribunal (CAT) to get his rightful claim. After hearing the matter, the CAT had on Friday asked the West Bengal government to give the NOC for cadre change from West Bengal to AGMUT to Kumar, who had made a representation in this regard on November 28 last year.

Notably, there were cases in the past, too, when CAT had to intervene to deliver justice to All India Service officers belonging to the West Bengal cadre. Taking cognisance of the delay noted that similar cases in the past had also required judicial direction to ensure compliance with the cadre transfer norms related to marriage grounds.

“Now, the West Bengal government is mandated to grant cadre transfer on the grounds of spouse allocation. The CAT has directed to issue a NOC to the applicant within a period of two weeks from the date of receipt of a copy of this order, failing which the NOC shall be deemed to have been issued by the state government,” a senior official said.

Where The Policy Stands

The Government of India’s policy on inter-cadre shifting for All India Services officers allows such transfers when both spouses belong to the same service. The objective is to ensure that married officers can serve in proximity, promoting family welfare and administrative efficiency.

CAT’s intervention in this case reaffirms the precedence of the spouse policy over procedural delays, ensuring that bureaucratic inaction does not hinder legitimate cadre change requests.

Implications On State And Central Cadre Management?

The order also underscores the importance of timely action by state governments on cadre transfer requests and strengthens the uniform application of the All India Services rules. It also sets a reaffirmed precedent for other officers facing similar administrative delays in their cadre transfer cases.