The Kerala IAS Officers’ Association, along with serving IAS officers B Ashok and Priyanka G, has approached the Central Administrative Tribunal (CAT) to challenge the Kerala government’s frequent and arbitrary transfer orders, which have significantly shortened IAS officers’ service period in cadre posts, causing serious administrative consequences.
This is a historic move, as it marks the first time IAS officers in Kerala have united against the government. On average, an IAS officer now spends less than a year in a given cadre post in the state, contrary to the legal requirement of a minimum of two years.
The officers are also urging the CAT to cancel appointments of non-IAS officers in IAS cadre posts and the reappointment of retired IAS officers in positions meant for serving IAS officers.
According to the application submitted to the CAT, the Supreme Court’s 2013 landmark judgment in the TSR Subramanian case had directed the Centre and states to ensure a ‘minimum assured tenure’ for civil servants in a particular posting. Following the verdict, amendments were made to the IAS (Cadre) Rules in 2014, requiring IAS officers to hold their posts for at least two years unless promoted, retired, or sent on deputation or training for more than two months. Shortening tenures now requires approval from the Civil Services Board, but the IAS officers claim it has become dysfunctional, leaving them vulnerable to political pressure.
The application cites examples of frequent transfers and irregular appointments, including transfers without the CSB’s approval, leading to administrative failures like the stray dog menace, poor waste management, and even corruption at lower levels, all attributed to the short tenures of IAS officers.
The officers have expressed dissatisfaction with Chief Minister Pinarayi Vijayan’s indifference towards their grievances, which led them to approach the CAT. They believe that the government’s appointment of non-IAS officers and retired IAS officers in IAS cadre posts violates the IAS (Cadre) Rules.
The appointment of Mahipal Yadav IPS as Excise Commissioner and Joy Elamon as Director of Kerala Institute of Local Administration (KILA), both non-IAS officers, is seen as a violation of the cadre rules. The government’s extension of Joy Elamon’s tenure as ‘Director General’ and K Jayakumar’s appointment as head of the Institute of Management in Government (IMG) further adds to their concerns.
The IAS officers contend that such actions by the government bypass the rules and favor individuals favored by the political executive, displacing eligible, efficient, and righteous serving IAS officers entitled to a minimum two-year tenure in their allotted posts.
Their application seeks resolution to these issues, as they believe that most civil servants would hesitate to complain against premature transfers, fearing future victimization, leaving them no choice but to seek recourse through the CAT.
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