LI Network
Published on: November 14, 2023 at 12:25 IST
The Central Administrative Tribunal, Ernakulam Bench, has issued an interim order directing the Kerala State Government to refrain from issuing orders related to appointments, transfers, and postings of IAS officers in cadre posts without obtaining recommendations from the Civil Services Board (CSB).
The order is in line with the directives of the Supreme Court in T.S.R Subramanian & Others v. Union of India & Others (2013) and the provisions of the Indian Administrative Service (Cadre) Rules, 1954, and the Indian Administrative Service (Cadre) Amendment Rules, 2014.
The interim order was passed by the Coram consisting of Judicial Member Justice Sunil Thomas and Administrative Member Mr. K V Eapen. It restrains the Kerala State Government from making appointments, transfers, and postings to IAS cadre posts without the involvement and recommendations of the Civil Services Board.
The order is based on the contention raised by the Kerala IAS Officers Association, a registered association for IAS officers of the Kerala cadre. The association approached the Tribunal against transfers and appointments of IAS officers in the state, arguing violations of Cadre Rules and Supreme Court directives.
According to Cadre Rules and the T.S.R Subramanian judgment, an IAS officer appointed in a cadre post should hold the position for a minimum of two years, subject to certain conditions. The association claimed that transfers were being made without adhering to the minimum tenure requirement and without the CSB’s recommendations.
The Civil Services Board in Kerala comprises the Chief Secretary of the State as Chairman, the senior-most Additional Chief Secretary as Member, and the Additional Chief Secretary – P&ARD as Member Secretary.
The Tribunal acknowledged the prima facie case presented by the Kerala IAS Officers Association and granted interim relief. The order directs the State of Kerala not to issue orders related to IAS cadre posts without convening and obtaining recommendations from the Civil Services Board.
The respondents raised objections, including the authority of the IAS Officers Association’s Secretary to seek relief and the lack of specific individual grievances in the original application. However, the Tribunal found that the association had the right to represent its members and address collective grievances.
The Tribunal observed that the CSB had only held one or two meetings in 2014 and 2015, and it was not convened or consulted afterward. The applicants alleged that transfers and appointments were made without CSB recommendations, a claim not disputed by the respondents.
Referring to the T.S.R Subramanian case, the Tribunal emphasized the importance of ensuring minimum tenure for IAS officers and preventing political influences. It stated that the State Government cannot act contrary to the directions issued by the Supreme Court.
The matter is scheduled for further consideration on January 10, 2024.
Case Title: Kerala IAS Officers Association v Union of India represented by the Secretary to Government
