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A Supreme Court bench of Justices KM Joseph and Hrishikesh Roy today asked the West Bengal government to process the inter-cadre of Central Services officers Lakshmi Bhavya Tanneru and Reena Joshi who had sought for transfer on account of being married to someone who belonged to a different cadre.

The State of West Bengal had refused give a no-objection to the transfer citing a shortage of officers.

The court however made it clear that it will consider the question of law which pertains to Rule 5(2) of the Indian Administrative Service (Cadre) Rules, 1954 which permits the Central Services officers to seek transfers.

The court today held that in both these cases, the question which was raised by the state of West Bengal pertains to the effect Rule 5(2) All India Cadre Rules 1952 and the impact of the rule, given the pressure of concurrence on the State government to enable transfer of officer in the context of marriage with another officer of the All India service.

The court noted that, “We are inclined to examine the legal issue, however in the interest of justice we will not interfere with the order passed in favour of the respondents by the Delhi High Court permitting the transfer.” The court directed the State of West Bengal to process their transfer in a period of 4 weeks.

The Supreme Court had on 4th January 2022 issued notice in a plea by the State of West Bengal, challenging the judgment of Delhi High Court which directed the State to issue a no objection directive for transfer of IAS officer Lakshmi Bhavya Taneeru. The court also informed that they will list the matter at the earliest and try to settle the law.

Taneeru, an IAS officer from the 2015 batch had sought for an inter cadre transfer after getting married to an IAS officer from Tamil Nadu cadre in 2016. The West Bengal government however refused to grant no objection to transfer on the ground that there was a shortage of officers. Taneeru subsequently approached the Central Administrative Tribunal (CAT) challenging the State’s decision. The CAT while setting aside the decision of the State remitted it back to decide on non-issuance of no objection directive.

Taneeru challenged the decision of the CAT before Delhi High Court, which while directing the State to issue a no-objection directive held that “the right to a meaningful family life is part of the right to life.” The High Court further held that the reason assigned by the State of  West Bengal for rejection of the application for transfer was vague and that nothing has been placed for record  before the court to make it accept the State’s stand that there was a shortage of officers.

Senior Advocates Devadatt Kamat and Paramjit Patwalia appeared for the parties.

The legal issue will now be heard and decided on April 26th.

Case title: Chief Secretary, West Bengal Vs Lakshmi Bhavya Taneeru