dofp2024_00107 — The Applicant, herein applied for inter-cadre transfer from State of West Bengal to Tamil Nadu which was agreed to by Tamil Nadu Government but not West Bengal Government. Hence the Tribunal directed the Applicant to approach the Central Government, namely Secretary, Department of Personnel, R-1 herein to resolve the issue of disagreement between the two Governments upon this inter-cadre deputation within 4 weeks on receipt of the copy of this matter

DoFP

The Applicant, herein applied for inter-cadre transfer from State of West Bengal to Tamil Nadu which was agreed to by Tamil Nadu Government but not West Bengal Government. Hence the Tribunal directed the Applicant to approach the Central Government, namely Secretary, Department of Personnel, R-1 herein to resolve the issue of disagreement between the two Governments upon this inter-cadre deputation within 4 weeks on receipt of the copy of this matter — This chunk pertains to an original application (OA No. 1039 of 2018) filed by an applicant seeking inter-cadre transfer from West Bengal to Tamil Nadu for the care of his son suffering from Autism wi... — Facts :Applicant herein serving in West Bengal Government asked for inter-Government transfer to Tamil Nadu Government as his son is suffering from “Autism with ADHD”. Applicant's doctor observed that for improvement of the child, he should be exposed in an environment enriched with his mother tongue. Applicant submitted a representation to Secretary, Government of India as well as to the Principal Secretary to Government of West Bengal seeking “Inter-cadre Deputation to Tamil Nadu” as well as a “No Objection Certificate” from his parent cadre. But his prayer was not considered. Earlier he filed an O.A. No. 350/01176 of 2017 ventilating his grievances and praying for his transfer to Tamil Nadu to look after his ailing son which was disposed directing the Principal Secretary to look into his grievance. But the higher official dismissed his request for inter-cadre transfer to Tamil Nadu Government. Hence the Applicant filed this OA praying for the afore-mentioned relief. Applicant's request to the Government of West Bengal and Union of India contradicted the claim of the Applicant on various grounds as spelt out in the judgment. Hence the issue to be adjudicated in this OA is
(i) whether the State Government i.e., lending cadre can withhold issue of NOC for inter-cadre deputation to the Applicant / Officer without advancing any objective reasons leading to such rejection and
(ii) what relief may be accorded to the Applicant. The reason given by the West Bengal Government to reject the request of the Applicant is due to the existing policy of State Government regarding inter-cadre deputation and the fact that all medical help is available in Kolkata. Further, on close reading of the reply, it is not made clear regarding the Government's “existing policy of inter-cadre deputation”. It is stated that due to paucity of All India Service Officers, the request of the Applicant cannot be accepted. Tamil Nadu Government accepted the request of the Applicant for inter-cadre transfer from West Bengal to Tamil Nadu. On pursuing the reasoning given by West Bengal Government to refuse to release the Applicant for inter-cadre transfer, the reasoning given is not satisfactory. In this connection, the Tribunal quoted two judgments of Apex Court as to why the case of such inter-cadre transfer cannot be rejected without reasonable objection and the request of the official without proper reasoning. Tribunal considered the perspective Rule 6 (1) of AIS Rules. This basic rule provides that a cadre officer may, with the concurrence of State Government and the Central Government, be deputed for service under the Central Government or another State Government. That rule provides no other condition nor any limitation to approve inter-cadre transfer. In case of dispute, the order of the Central Government will prevail. The inter-cadre transfer herein is requested to look after the health of the son of the Applicant which disease may impede the child's growing years to a situation of abortive return to normaley. Tribunal further analyzed various judgments of Apex Court and came to the conclusion that Applicant's prayer is only for a limited tenure of inter-cadre deputation and no objective rationale has been advanced by State Government in their resistance to grant No Objection to the Applicant. Treatment in Kolkata as stated by the Applicant has not led to any improvement in child's condition. Hence the rejection of the State Government for inter-cadre transfer is not in order.

DoFP

The Applicant, herein applied for inter-cadre transfer from State of West Bengal to Tamil Nadu which was agreed to by Tamil Nadu Government but not West Bengal Government. Hence the Tribunal directed the Applicant to approach the Central Government, namely Secretary, Department of Personnel, R-1 herein to resolve the issue of disagreement between the two Governments upon this inter-cadre deputation within 4 weeks on receipt of the copy of this matter — This chunk pertains to an original application (OA No. 1039 of 2018) filed by an applicant seeking inter-cadre transfer from West Bengal to Tamil Nadu for the care of his son suffering from Autism wi... — Facts :Applicant herein serving in West Bengal Government asked for inter-Government transfer to Tamil Nadu Government as his son is suffering from “Autism with ADHD”. Applicant's doctor observed that for improvement of the child, he should be exposed in an environment enriched with his mother tongue. Applicant submitted a representation to Secretary, Government of India as well as to the Principal Secretary to Government of West Bengal seeking “Inter-cadre Deputation to Tamil Nadu” as well as a “No Objection Certificate” from his parent cadre. But his prayer was not considered. Earlier he filed an O.A. No. 350/01176 of 2017 ventilating his grievances and praying for his transfer to Tamil Nadu to look after his ailing son which was disposed directing the Principal Secretary to look into his grievance. But the higher official dismissed his request for inter-cadre transfer to Tamil Nadu Government. Hence the Applicant filed this OA praying for the afore-mentioned relief. Applicant's request to the Government of West Bengal and Union of India contradicted the claim of the Applicant on various grounds as spelt out in the judgment. Hence the issue to be adjudicated in this OA is
(i) whether the State Government i.e., lending cadre can withhold issue of NOC for inter-cadre deputation to the Applicant / Officer without advancing any objective reasons leading to such rejection and
(ii) what relief may be accorded to the Applicant. The reason given by the West Bengal Government to reject the request of the Applicant is due to the existing policy of State Government regarding inter-cadre deputation and the fact that all medical help is available in Kolkata. Further, on close reading of the reply, it is not made clear regarding the Government's “existing policy of inter-cadre deputation”. It is stated that due to paucity of All India Service Officers, the request of the Applicant cannot be accepted. Tamil Nadu Government accepted the request of the Applicant for inter-cadre transfer from West Bengal to Tamil Nadu. On pursuing the reasoning given by West Bengal Government to refuse to release the Applicant for inter-cadre transfer, the reasoning given is not satisfactory. In this connection, the Tribunal quoted two judgments of Apex Court as to why the case of such inter-cadre transfer cannot be rejected without reasonable objection and the request of the official without proper reasoning. Tribunal considered the perspective Rule 6 (1) of AIS Rules. This basic rule provides that a cadre officer may, with the concurrence of State Government and the Central Government, be deputed for service under the Central Government or another State Government. That rule provides no other condition nor any limitation to approve inter-cadre transfer. In case of dispute, the order of the Central Government will prevail. The inter-cadre transfer herein is requested to look after the health of the son of the Applicant which disease may impede the child's growing years to a situation of abortive return to normaley. Tribunal further analyzed various judgments of Apex Court and came to the conclusion that Applicant's prayer is only for a limited tenure of inter-cadre deputation and no objective rationale has been advanced by State Government in their resistance to grant No Objection to the Applicant. Treatment in Kolkata as stated by the Applicant has not led to any improvement in child's condition. Hence the rejection of the State Government for inter-cadre transfer is not in order.

Original Rule Text

Original Rule Text