Kolkata: The Central Administrative Tribunal (CAT), New Delhi, has directed the West Bengal government to issue a No Objection Certificate (NOC) for the cadre transfer of Aashish Kumar (IPS: 2022: WB) from the West Bengal cadre to AGMUT (Arunachal Pradesh–Goa–Mizoram–Union Territories). The directive comes in light of Kumar’s marriage to Dr. Akansha Milind Tamgadge (IPS: 2022: AGMUT), who belongs to the AGMUT cadre.
Background: Repeated Representations Ignored
According to official records, Aashish Kumar had submitted a representation dated November 28, 2024, seeking a cadre change on the grounds of spouse allocation, as per the existing rules governing inter-cadre transfers for All India Services officers. Despite multiple reminders following the initial representation, the West Bengal government had not taken any decision on the matter.
CAT Intervention and Directive
Taking cognizance of the delay, the Central Administrative Tribunal intervened, noting that similar cases in the past had also required judicial direction to ensure compliance with the cadre transfer norms related to marriage grounds.
In its recent order, the Tribunal has mandated the West Bengal government to issue the NOC within two weeks from the date of receipt of the order. Furthermore, the CAT has specified that if the state government fails to act within this period, the NOC shall be deemed to have been issued automatically.
Spouse Policy and Precedents
The Government of India’s policy on inter-cadre transfers 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 for State and Central Cadre Management
This order 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.
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