No Appointments Or Transfers To IAS Cadre Posts Without Civil Services Board Recommendation: CAT To Kerala Govt In Interim Order

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:

“Drawing from the above we find that the applicants have established that they have a prima facie case and are entitled for an interim order. We are thus inclined to allow the request for interim relief and direct as follows:
There will be a direction to the 2nd respondent State of Kerala, not to issue orders of appointment, transfer and posting in respect of IAS cadre posts without the convening of and recommendations of the Civil Services Board, wherever the Annexure 2 and 2(a) applies.”

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:

1. It noted that the IAS Officers Association is a registered association which authorized its Secretary to approach the Tribunal. It further noted that the resolution passed by the Executive Committee of the association discussed issues including transfers of IAS officers without convening CSB and posting of non-cadre IAS officers to IAS Kerala Cadre. It stated that the right of the association to espouse the causes of its members cannot be rejected based on mere technicalities. It thus held that the Original Application was filed properly.
2. It referred to Rule 4 of the Central Administrative Tribunal (Procedure) Rules to state that the Tribunal can permit a single application when persons have a common interest based on their cause of actions and reliefs. It also stated that an association can represent affected persons and file a single application. It further referred to Rule 7 of the Central Administrative Tribunal Rules of Practice to state that an association as a collective group can represent the grievances of all its members. Thus, the Tribunal held that the association is empowered to represent the collective grievances of its members by a single application as there is apprehension of breach of provisions.
3. It took note of the fact that CSB has only held one or two meetings in 2014, 2015 and it was not convened or consulted after that. It also noted that the applicants stated that many officers were appointed and transferred without taking recommendations from CSB. The Tribunal noted that these facts were not disputed by the respondents which means that the allegations are prima facie, established, as not disputed.
4. It observed that the Apex Court in T.S.R Subramanian (supra) considered the issue of minimum tenure to ensure that IAS officers were able to effectively function in a democratic polity and to safeguard them from political influences. The Court noted that pursuant to the directives of the Apex Court, Cadre Rules were amended for constituting the CSB. It noted that the State Government cannot act contrary to the directions issued by the Apex Court.

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