UNION OF INDIA versus MAMTA ANURAG SHARMA AND ANR.

Citation: [2001] SUPP. 2 S.C.R. 571 · Decided: 05-09-2001 · Supreme Court of India · Bench: M.B. SHAH, R.P. SETHI · Disposal: Appeal(s) allowed

Judgment (excerpt)

UNION OF INDIA 
A 
v. 
MAMTA ANURAG SHARMA AND ANR. 
SEPTEMBER 5, 2001 
[M.B. SHAH AND R.P. SETHI, JJ.] 
B 
Service Law: 
All India Service Officers-Inter-cadre transfer on marriage-New 
Guidelines dated 19.9.1995-Preamble-Providing for inter-cadre transfers C 
of officers on marriage subject to the condition that transfer is not to home 
State of spouse who is given such a transfer-Indian Police Service Officer of 
West Bengal Cadre-Her home State being Andhra Pradesh-Married to !PS 
Officer of Andhra Pradesh cadre-Request for change of cadre from West 
Bengal to Andhra Pradesh cadre-Government of Jndia permilled Inter-Cadre D 
transfer of husband from Andhra Pradesh to West Bengal-Wife's petition for 
transfer to Andhra Pradesh cadre dismissed by Central Administrative 
Tribunal-Writ petition before High Court-High Court directing the Central 
Governmem to consider request of officer for transfer from West Bengal to 
Andhra Pradesh within four months-Held, in view of the policy of Central 
Government not to ailow inter-cadre transfer to home State on ground of E 
marriage, there was no question of directing Central Government to consider 
case of officer to transfer her to Andhra Pradesh cadre--However, her husband 
may file _an applicaiion for being transferred to West Bengal cadre. 
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 6281- F 
6282 of 2001. 
From the Judgment and Order dated 20.12.99 and 13.3.2000 of the 
Andhra Pradesh High Court in W.P. No. 21818/99 and R.W.P.M.P. No. 4223 
of 2000. 
Mukul Rohtagi, Additional Solicitor General, A.K. Srivastava and Ms. G 
Sushma Suri for the Appellant. 
P.P. Rao, T.V. Ratnam and K. Subba Rao for the Respondents. 
The following Order of the Court was delivered: 
571 
H 
572 
SUPREME COURT REPORTS [2001] SUPP. 2 S.C.R. 
A 
Leave granted 
Heard the learned counsel for the parties. 
The Union of India has challenged the orders dated 20th December, 
1999 in Writ Petition No. 218 I 8 of 1999 and dated 15th March, 2000 in 
B Review WPMP No. 4223 of 2000 passed by the High Court of Andhra 
Pradesh at Hyderabad. 
c 
D 
By the impugned orders the High Court has directed as under:-
"Learned counsel for the petitioner, however, brought to our notice 
that the petitioner's husband has not been relieved by the State of 
Andhra Pradesh who has been transferred to West Bengal cadre. 
Under these circumstances, considering the fact that the petitioner's 
husband has not been relieved by the State of Andhra Pradesh, and 
in the light of the new guide-lines issued, we direct the respondents 
to consider the request of the petitioner for her transfer to the State 
of Andhra Pradesh, within four months from the date of receipt of a 
copy of this order." 
It is the contention of the learned Additional Solicitor General appearing 
for the Union of India that the impugned order passed by the High Court, on 
E the face of it, is illegal and total misconstruction of the new guidelines framed 
by the Government of India on Inter-Cadre transfer of All India Services 
Officers. As against this, 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 
F 
home-State in the case of marriage. 
Before appreciating the contentions, we would first refer to the facts of 
the present case, which are-Respondent Smt. Mamta Anurag Sharma joined 
the Indian Police Service w.e.f. 1.9.1982 and was allocated to l.P.S. Cadre of 
West Bengal. Her home-State was Andhra Pradesh. In the year 1985, she got 
G married to Mr. Anurag Sharma who was also an JPS Officer of Andhra 
Pradesh cadre. After marriage, respondent no. I 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 thereafter both respondent no. I and her 
husband were transferred to JPS Cadre of Kamataka vide order date 2nd 
H Februray, 1994. It appears that some IPS Officers objected to that order and 
U.0.1. v. M.A. SHARMA 
573 
an application was filed before the Central Administrative Tribunal (for short A 
the 'CAT) at Bangalore for setting aside the allocation of the respondent and 
her husband to JPS Cadre at Karnatka. On 2.2.1994, the order passed by the 
Government of India was stayed by the CAT. Later on the Government of . 
Karnataka withdrew its concurrenc

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