Thiruvananthapuram: In a first instance in Kerala’s history, IAS officers have collectively pursued action against the government, reports a media outlet.
The Kerala IAS Officers’ Association, along with two incumbent IAS officers – B Ashok (Agricultural Production Commissioner) and Priyanka G (Director, Women and Child Department) –, has taken their concerns to the Central Administrative Tribunal (CAT) regarding what they perceive as the Kerala government’s frequent and arbitrary transfer orders. These orders have led to a reduction in the tenure of IAS officers in key positions, causing substantial administrative repercussions. It is noted that, on average, an IAS officer in the state spends less than a year in a specific cadre post, despite the legal requirement of a minimum two-year term.
The officers also want the CAT to cancel the appointment of non-IAS officers in IAS cadre posts and the reappointment of retired IAS officers in posts meant for serving IAS officers.
In the petition filed with the CAT, the IAS officers have indicated that the Supreme Court’s significant ruling in the TSR Subramanian case back in 2013 had instructed both the Central government and the state governments to ensure a ‘minimum assured tenure’ for all civil servants in their designated roles.
Subsequent to this landmark judgment, modifications were introduced to the IAS (Cadre) Rules in 2014. Since then, it has been established that an IAS officer will maintain their position for a minimum of two years, except in cases of promotion, retirement, deputation outside the state, or training periods exceeding two months.
If a situation arises where a tenure needs to be curtailed, it mandates the approval of the Civil Services Board (CSB), a tripartite body headed by the Chief Secretary. According to a notification issued by the Ministry of Personnel, Public Grievances and Pensions on January 28, 2014, all appointments of cadre officers are to be executed based on the recommendations provided by the CSB. Although a CSB was established in Kerala shortly after the notification’s issuance, IAS officers assert that its functionality waned after the first two meetings, the final of which was held in 2015. These officers claim that chief secretaries succumbed to political pressure, rendering the CSB ineffective.
The officers link the administrative shortcomings, poor management, and potential corruption at lower tiers within the LDF Government to the short tenures of service for IAS officers. To substantiate their claim of government capriciousness, the IAS officers have provided a copy of a government order dated July 7, 2021 that orders the abrupt transfer of 20 IAS officers and the establishment of two ex-cadre positions, all transpiring without the involvement of the CSB.
The IAS Officers’ Association is moving the CAT, as a final course of action. This step is being taken nearly a year after the association had previously communicated its grievances to Chief Minister Pinarayi Vijayan. In a letter dated August 16, 2022, the association informed the Chief Minister, who also oversees the General Administration Department, that certain officers were subjected to not one, but two transfers each month. In the absence of any response, the association, during its meeting on June 11, resolved to move the CAT.
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