Child Bearing Age Of All India Service Officers Should Not Be Prejudiced By Non-Grant Of Relieving Order: Delhi High Court

The Delhi High Court has observed that child-bearing age for the young couple should not be irretrievably prejudiced by the non-grant of a relieving order for the All India Service officers.

A division bench comprising of Justice Najmi Waziri and Justice Swarna Kanta Sharma observed:

"….the right to a healthy family life, to start a family and the right to parenthood have to be respected while balancing the careers and duties of the officers concerned. Time and tide wait for none. Child-bearing age for the young couple should not be irretrievably prejudiced by the non- grant of a relieving order for the officers to start their family."

The Court was dealing with a plea filed by Government of West Bengal challenging the order dated 26.10.2021 passed by the Central Administrative Tribunal, Principal Bench, New Delhi directing it to reconsider the request of respondent no. 1, an IPS Officer of 2017 batch who was allotted West Bengal cadre, for issuance of 'No Objection' keeping in view of the guidelines issued by Centre and decisions rendered by the courts.

After getting married to an IPS officer of Haryana cadre, the respondent no. 1 had applied for cadre transfer or change of cadre on 'marriage ground', under All India Service Officers-Policy, from West Bengal to Haryana.

The latter had given its 'no objection' for the said proposal but the Government of West Bengal had not so conceded. Subsequently, after the demise of his father, the respondent no. 1 made a detailed representation to the Government of West Bengal for his cadre transfer, to also facilitate him to take care of his ailing widowed mother.

In the absence of any worthwhile response from the petitioner, the respondent no. 1 sought relief before the Tribunal. His OA was allowed and the State of West Bengal was directed to reconsider his request.

It was submitted by the State of West Bengal that there was an extreme shortage of officers since a number of officers have sought transfer from West Bengal Cadre on various grounds, including the ground on account of their marriage to officers belonging to other State cadres. It was argued that the petitioner was a male and there were no urgencies of duties towards the family which could require the State to relieve him and that it was the discretion of the State to do so in light of the fact that there was a shortage of officers in the State.

On the other hand, it was argued on behalf of respondent no. 1 that he had not been able to start a family, as his wife was posted in a different State, nor was he able to take care of his family and his ailing widowed mother. It was argued that wanted to be stationed at the same place as them and that while deciding such cases, the authorities may well keep it in mind that the young officers, who were stationed at different places having different State Cadres will find it difficult to even start their family.

The Court thus noted that the petitioner had already obtained a No Objection Certificate vide letter dated 20.08.2019 whereby the State of Haryana conveyed its agreement for the transfer of the Respondent no. 1 to the Haryana cadre where his wife was posted as an IPS Officer.

However, the Court also noted that despite repeated requests, his representation was turned down and a No Objection Certificate was not granted by the State of West Bengal.

Observing that compassion is expected from the State, the Court said:

"The urgency of the present case is of starting a family at present, which cannot wait indefinitely depending upon the decision of the concerned authorities."

Accordingly, the plea was dismissed and the State of West Bengal was directed to relieve the respondent no. 1 within a period of three weeks.

"In the event of the respondent no.1 not being relieved within the aforesaid stipulated period, he shall be deemed to have been relieved by the virtue of this order," the Court added.

CaseTitle: GOVT. OF WEST BENGAL v. ARSH VERMA & ORS.

Citation: 2022 LiveLaw (Del) 377

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