UNION OF INDIA Vs. DR.MS.BEELA RAJESH

JUDGEMENT

(1.) The first respondent/applicant filed O.A. No. 870 of 2010 before the second respondent/Tribunal, challenging the orders dated 9.2.2009 and 6.7.2010 passed by the writ petitioners/Administration, thereby rejecting her request for her reallocation to her home State of Tamil Nadu against an insider vacancy. Since the Tribunal favoured the claim of the first respondent/applicant, the Administration has come forward to file this writ petition. The brief facts that are necessary for the disposal of this writ petition are that the applicant, a native of Tamil Nadu, got selected to IAS in the year 1997 and was allotted to Bihar Cadre. Even prior to her selection, she got married to Mr. Rajesh Das in the year 1992, who is a 1989 batch IPS officer from Orissa and allotted to Tamil Nadu cadre. Therefore, she made a request to the Administration to allot her to her native state, Tamil Nadu. Since her request was not considered by the Administration, she filed O.A. No. 132 of 1998 before CAT and the said application was dismissed by the Tribunal, by the order dated 13.7.1998. But, it has been made clear in the said order that the dismissal of the said application will not debar the applicant or her husband to ask for a change of cadre to a third cadre.

(2.) Thereafter, since a similar request of one Ms. Sarada Muraleedharan was allowed by the Ernakulam Bench of CAT in O.A. No. 308 of 2000 (which was confirmed by Kerala High Court in O.P. No. 31337 of 2001, dated 8.8.2006 and thereafter by the Honourable Apex Court in SLP.(CC). No. 1341 of 2008, dated 4.2.2008), thereby directing the Administration to issue an order allocating her to Kerala State Cadre of IAS as an insider of the 1990 batch, the applicant has again submitted a representation to the Administration on 26.5.2006, seeking allotment to Tamil Nadu, on a correct scrutiny of her BC status, followed by another representation dated 4.6.2006.

(3.) As both the above said representations were pending, the applicant filed O.A. No. 457 of 2006 before CAT praying to consider her claim for her transfer to the home State cadre by taking note of the allotment made in favour of one Karthikeyan, who is 3rd insider with 45th rank. In the said O.A., the Tribunal has directed the Government of India to dispose of the representation of the applicant dated 26.5.2006 and 4.6.2006 on merits and in accordance with law. In the meantime, the applicant was deputed to serve in Tamil Nadu in the year 2000 and again she had been sent to Jharkhand State Cadre in 2003.