In a landmark verdict addressing the growing incidents of transfers of non- and retired IAS officers to IAS cadre posts by the political establishment in Kerala, the Central Administrative Tribunal (CAT) on Friday ruled that this practice should be stopped. The tribunal held that all posts notified as cadre posts by the Union Government must be filled only by serving IAS cadre officers.
As the petition had been moved by the Kerala IAS Association, the tribunal directed the Kerala government not to fill up such posts with non-IAS or retired IAS officers.
In a significant move, the tribunal brought the Civil Services Board (CSB) into active play by ruling that all appointments, transfers, and postings of IAS officers in Kerala should be done only in consultation with the CSB.
These directions were passed by the CAT’s Ernakulam Bench, comprising Justice Sunil Thomas and V. Rama Mathew, judicial and administrative members, respectively.
The CAT’s order came on a plea by the Kerala IAS Association and two of its members—IAS officers B. Asok and Priyanka G.—who had alleged violation of the IAS Rules, 1954, and IAS Amendment Rules, 2014, as well as indiscreet transfers and postings of IAS officers and filling up of cadre posts with non-IAS officers.
The petitioners contended that all appointments and transfers of cadre officers ought to be done on the recommendations of the CSB and as per rules, a cadre officer appointed to a cadre post shall hold the office for at least two years.
They also alleged that there have been frequent transfers of IAS officers in Kerala without the CSB’s recommendation and cited the three specific instances of ‘encadre posts’ being filled up by non-IAS officers or retired IAS officers.
The Tribunal set aside three transfer orders, including that of senior IAS officer B. Ashok Kumar with a retired IAS officer, observing that the prescribed procedures under the cadre rules had not been followed.
In a significant observation, the tribunal also declared the appointment of IPS officer M R Ajith Kumar as the Excise Commissioner as illegal.
The bench then clarified that the posts of Excise Commissioner, Director of the Kerala Institute of Local Administration (KILA), and Director General of the Institute of Management in Government (IMG) were IAS cadre posts.
The tribunal added teeth to its verdict by saying if any of the said posts are held by non-IAS officers/retired IAS officers, they shall be removed forthwith and the posts shall remain vacant.
It further declared that the filling up of IAS cadre posts by non-IAS officers/retired IAS officers, by redesignation, renaming, or by any other method, and keeping the IAS cadre posts vacant, was irregular and deemed to be a colourable exercise of executive functions.
The state government, however, denied the allegations, saying non-IAS or retired IAS officers were not posted against the posts notified for IAS officers. The govt also contended that the CSB has not been disbanded and there was no indiscriminate transfer or posting of IAS officers in the state.
Whatever the reality on the ground, this judgment surely brings relief to many IAS officers in the state and could lead to a significant reshuffle at the senior bureaucratic level in the days to come.
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