Unreasonable Denial Of Employee's Inter Cadre Transfer Request By State Impinges Upon Right To Demand Respect For Family Life: Delhi HC
The Delhi High Court on Tuesday observed that unreasonable denial of an employee's request seeking inter cadre transfer by the State impinges upon such person's right to demand respect for her or his family life."We have no doubt that the right to meaningful family life, which allows a person to live a fulfilling life and helps in retaining her/his physical, psychological and emotional...
The Delhi High Court on Tuesday observed that unreasonable denial of an employee's request seeking inter cadre transfer by the State impinges upon such person's right to demand respect for her or his family life.
"We have no doubt that the right to meaningful family life, which allows a person to live a fulfilling life and helps in retaining her/his physical, psychological and emotional integrity would find a place in the four corners of Article 21 of the Constitution of India2. Therefore, when the State unreasonably denies a request of an employee [in this case, the petitioner] seeking inter-cadre transfer, it impinges upon such person's right to demand respect for her/his family life," a bench comprising Justice Rajiv Shakdher and Justice Talwant Singh observed.
The Court was dealing with a plea filed by Lakshmi Bhavya Tanneeru, an IAS Officer, challenging an order dated 02.02.2021 passed by the Central Administrative Tribunal wherein her request for inter-cadre transfer on the ground of marriage to another officer belonging to All India Services was declined.
The petitioner was allocated the State of West Bengal cadre on 01.09.2015 pursuant to which she had entered into matrimony on 25.03.2016, with, one, Raja Gopal Sunkara, who was also an IAS officer, belonging to the Tamil Nadu cadre.
The case of the petitioner was that the Tribunal, after setting aside the order, had remanded the matter, whereas the relief sought by her was the issuance of a direction to the State of West Bengal to communicate its no objection to the Government of India, Department of Personnel and Training concerning her request for inter-cadre transfer.
While the proceedings were ongoing, the State of West Bengal had passed a fresh order dated 02.08.2021 wherein it had once again rejected the request of the petitioner for grant of no objection.
It was thus submitted on behalf of the petitioner that discriminatory treatment had been meted out against her and that while her request for inter-cadre transfer was rejected on 25.11.2016 on the ground of shortage of officers, the request of several other officers, on similar ground, was considered.
Further stating that the failure on the part of the State of West Bengal to issue a no-objection for effecting her inter-cadre transfer had gravely impacted her well-being and familial relationships.
It was also argued that the said action of the State of West Bengal had resulted in a violation of the her fundamental rights, under Article 21 of the Indian Constitution.
On the other hand, the State of West Bengal submitted that the inter-cadre transfer could only be effected with the concurrence of the State, which was in accordance with Rule 5(2) of the 1954 Cadre Rules.
It was also argued that owing to the Covid-19 pandemic in the State, the administration was in dire need of the services of it's officers, who were tasked to deal with the pandemic.
"State of West Bengal's attempt to defend its decision, to reject the petitioner's request for inter-cadre transfer by citing the occurrence of the pandemic does not impress us, as it seems tenuous for the very same reason. The petitioner has placed on record the details of officers who have been transferred by other State Governments on the ground of marriage, during the pandemic; presumably having regard to the familial interest of the officers. As a matter of fact, the State of West Bengal has received via inter- cadre transfers, three IAS officers from the States of Manipur, Kerala and Rajasthan," the Court observed at the outset.
The Court also added that the refusal of the request made for inter-cadre transfer by an officer on the ground of marriage can only be sustained if it is backed by cogent reasons, as such a decision is subject to judicial review.
The Court therefore set aside the two orders and directed the State of West Bengal to issue a no-objection directive to the petitioner in order to enable effectuation of her request for inter-cadre transfer within two weeks.
"Respondent no.1 will act on the said no objection, and accordingly, effect inter-cadre transfer of the petitioner from the State of West Bengal to the State of Tamil Nadu," it added.
Title: LAKSHMI BHAVYA TANNEERU v. UNION OF INDIA & ORS.