Union Of India v. Mamta Anurag Sharma
Date: 05.09.2001.
Facts: Mamta Anurag Sharma joined the Indian Police Service in 1982 and was allocated to I.P.S. Cadre of West Bengal. Her home-State was Andhra Pradesh. In the year 1985, she got married to Mr. Anurag Sharma who was also an IPS Officer of Andhra Pradesh cadre. After marriage, respondent no.1 requested for change of her cadre from West Bengal to Andhra Pradesh on the ground of marriage with an IPS Officer of the Cadre of Andhra Pradesh. Her request for transfer to Andhra Pradesh was rejected but later on they were transferred to Karnataka further some IPS Officers objected to that order and an application was filed before the Central Administrative Tribunal (for short the ‘CAT’) at Bangalore for setting aside the allocation of the respondent and her husband to IPD Cadre at Karnataka. The Government of India on 10th March, 1998 permitted Inter-Cadre transfer of her husband from Andhra Pradesh Cadre to West Bengal IPD Cadre. The Government of Andhra Pradesh was requested to release husband of respondent no.1. However, it appears that he was not willing to be considered for the IPS Cadre of West Bengal and, therefore, he declined by writing a letter dated 12th December, 1998. He also stated that he was not willing for a cadre transfer from Andhra Pradesh to any other State including the State of West Bengal.
Thereafter, respondent no.1 challenged the order before the CAT at Hyderabad on the ground that it was bad in law and that she should be transferred to Andhra Pradesh IPS Cadre, which was dismissed on 15th September, 1999. That order was challenged before High Court by filing writ petition. The High Court by the directed the Central Government to consider the request of the respondent for her transfer to the State of Andhra Pradesh within four months from the date of receipt of the copy of the order.
Contentions: Contention of the learned Additional Solicitor General appearing for the Union of India is that the impugned order passed by the High Court is illegal and total misconstruction of the new guide-lines framed by the Government of India of Inter-Cadre transfer of All India Services Officers. On the other hand, the learned counsel for the respondents submitted that the impugned order passed by the High Court is only for the implementation of the new guide-lines which permit inter-cadre transfer to home-State in the case of marriage.
Conclusion: Supreme Court concluded that it appears that the High Court has not taken into consideration first part which is the Preamble of the aforesaid policy which specifically provides that the transfer of any spouse of the All India Services Officers should not be allowed to the Home State. Subject to this condition, inter-cadre transfer of officers is to be considered on the grounds (a) marriage, or (b) extreme hardship. Also High court did not considered the new guide-lines of Inter-Cadre transfer of All India Services Officers in the proper perspective. In the guide-lines, after narrating, the existing policy, transfer policy prescribed is as under :-
“The communication received for the PMO about framing draft guidelines on certain issues dwelling on inter-cadre deputation, inter-cadre transfer, extension of services and incentives to officers in the North-eastern Cadres may please be seen. This note deals with item (a) in FR i.e. guidelines in regard to inter-cadre transfers.”
Decision: The appeals are allowed accordingly.
Submitted by:- SHUBHANGI GUPTA.
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