The Central Administrative Tribunal (CAT), Ernakulam Bench, on Thursday admitted an application filed by the Kerala IAS Officers’ Association and two IAS officers against appointment of non-IAS officers in the cadre posts of IAS and transfers and postings of IAS officers without the recommendation of the Civil Services Board and also without adhering to the minimum tenure policy specified in the IAS (Cadre) Rules.
In the application, the association and IAS officers B. Ashok and Priyanka G. sought a directive to the State government to fill the cadre posts by appointing serving IAS officers and not to appoint or post any non-IAS officers to any of the posts notified by the Central government for the IAS Kerala cadre.
The petitioners pointed out that the orders and rules had stipulated that it was the Civil Services Board which should make recommendations for appointment and transfer of cadre officers. It had also been stipulated that a cadre officer appointed to a cadre post shall hold office for at least two years unless, in the meantime, he/she has been promoted, retired or sent on deputation outside the State for training exceeding two months. The transfer and posting of a cadre officer before such minimum specified period shall only be on the recommendation of the Civil Services Board.
The association also alleged that the government action of posting non-IAS officers and also retired lAS officers to posts notified for serving IAS officers was arbitrary. In fact, indiscriminate transfers and postings of IAS officers were being done without the recommendations of the Civil Services Board. This was a flagrant violation of the directives of the Supreme Court in the T.S.R. Subramanian case and the Central government orders in this regard.
In fact, the Civil Services Board had not been convened at all after 2014-15. The rampant postings and transfers of cadre officers were done at the sweet will of the political executive without following due procedure and without considering even the minimum tenures. For example, transfers and postings of seven officers had been made to the post of director, Scheduled Castes Development department, in the last six months. Such postings and transfers were done solely due to political pressure and influence and to help postings of influential officers, the association pointed out.
It had given two representations to the Chief Minister highlighting the grievances of the petitioners. But no action had been taken, they pointed out.
