14 Nov 2023 3:45 AM GMT
The Central Administrative Tribunal, Ernakulam Bench passed an Interim Order refraining the Kerala State Government from issuing orders of appointment, transfers and postings to IAS officers in cadre posts without obtaining recommendations from the Civil Services Board (CSB) for ensuring minimum tenure as directed by the Apex Court in T.S.R Subramanian & Others v. Union of India & Others (2013) and as per the Indian Administrative Service (Cadre) Rules, 1954 and Indian Administrative Service (Cadre) Amendment Rules, 2014.
The Coram comprising Judicial Member, Justice Sunil Thomas and Administrative Member, Mr K V Eapen noted that the Kerala IAS Officers Association has a prime facie case and ordered thus:
The applicant- Kerala IAS Officers Association, is a registered association for the IAS officers of the Kerala cadre. They have approached the Tribunal against the orders of transfers and appointments of IAS officers in Kerala in violation of the Cadre Rules and without adhering to the directions issued by the Apex Court in T.S.R Subramanian (supra).
The applicants submitted that as per the Cadre Rules and judgment in T.S.R Subramanian (supra), an IAS officer appointed in a cadre post has to hold the post for a minimum period of two years, unless promoted, retired or sent on deputation outside the State or on training beyond two months. It was contended that a cadre officer can be transferred before completion of the minimum tenure of two years, only on the recommendation of the CSB.
The CSB constituted in Kerala comprises of Chairman (Chief Secretary of the State), Member (senior most Additional Chief Secretary) and Member Secretary (Additional Chief Secretary -P&ARD). The applicants allege that the CSB has not convened meetings after initial meetings which were held back in 2014 and 2015. It was alleged that the transfers and appointments in the State are done at the will of the political executives without obtaining recommendations of the CSB and contrary to the IAS Cadre Rules.
The respondents have mainly raised four contentions before the Tribunal. Firstly, the resolution passed by the IAS Officers Association does not authorize the Secretary to seek relief concerning the transfer and posting of IAS Officers. Secondly, the original application filed before the Tribunal does not disclose specific individual grievances. Thirdly, orders of transfers and postings have to be challenged by aggrieved persons and not by an association. Fourthly, IAS Cadre (Amendment) Rules, 2014 does not mandate that postings and transfers of officers shall only be done on the recommendation of the CSB.
The Tribunal noted that two reliefs are sought by the applicants, first relief is against the appointment and transfers of IAS Officers in Kerala in breach of the Cadre Rules. The first relief is also sought as an interim relief and the second relief is against posting non-IAS cadre officers or any other officers to posts notified for IAS Kerala Cadre.
The Tribunal considered the objections raised by the respondents and held thus:
On the above observations, the Tribunal granted interim relief and sought reply statement from the respondents.
The matter has been posted for further consideration on January 10, 2024.
Counsel for the applicant: Mrs Girija K. Gopal
Counsel for the respondents: Advocates Thomas Mathew Nellimoottil, Government Pleader Baijuraj G, Special Government Pleader T.B. Hood
Case title: Kerala IAS Officers Association v Union of India represented by the Secretary to Government
Case number: O.A No. 180/00367/2023
Click Here To Read/Download The Interim Order