3 months ago
2
The Central Administrative Tribunal (CAT) connected Friday (March 6, 2026) held that each posts notified arsenic cadre posts by the Union authorities indispensable beryllium filled up lone with IAS cadre officers. It further directed the Kerala authorities not to capable up specified posts with non-IAS officers oregon retired IAS officers.
The absorption was passed by the Ernakulam Bench of CAT, presided implicit by Sunil Thomas and V. Rama Mathew, Member (Judicial) and Member (Administrative). It further declared that the posts of Excise Commissioner; Director, Kerala Institute of Local Administration (KILA); and Director General, Institute of Management successful Government (IMG), were IAS cadre posts. If immoderate of the said station is held by non-IAS officers/retired IAS officers, they shall basal removed forthwith and the posts shall stay vacant, the Bench said.
It further declared that the filling up of IAS cadre station by non-IAS officers/retired IAS officers, by redesignation, renaming oregon by immoderate different method and keeping the IAS cadre station vacant, was irregular and deemed to beryllium a colourable workout of enforcement functions. All appointments, transfers and postings of IAS officers successful Kerala, whether connected completion of tenure oregon not, shall beryllium done successful consultation with the Civil Services Board (CSB).
The Bench was considering contempt petitions against the government, connected a plea filed by the Kerala IAS Association and by B. Asok and Priyanka G. – some IAS officers. They approached the Tribunal alleging usurpation of provisions of the Indian Administrative Service (Cadre) Rules, 1954 and Annexure A2(a) of IAS (Cadre) Amendment Rules, 2014, by citing ‘indiscreet transfers and postings of IAS officers, and postings of non-IAS officers successful cadre posts’ successful the State.
Minimum two-year tenure
The petitioners contended that each appointments and transfers of cadre officers ought to beryllium done connected the recommendations of the CSB. Moreover, arsenic per the rules, a cadre serviceman appointed to a cadre station shall clasp the bureau for astatine slightest 2 years.
They alleged that determination person been predominant transfers of IAS officers successful Kerala without proposal of the CSB. Although capable fig of IAS officers were disposable successful Kerala cadre for being appointed to cadre posts, immoderate of specified posts were filled up by non-IAS unit oregon retired IAS officers, without the proposal of the CSB and immoderate justifiable nationalist interest. They were truthful appointed solely connected governmental considerations, they alleged and went connected to constituent retired the 3 circumstantial instances of ‘encadre posts’ being filled up by non-IAS officers oregon retired IAS officers.
On its part, the State authorities contended that it had ensured that proposals for transportation of officers earlier completion of minimum tenure are placed earlier the CSB. The authorities was besides ‘trying to guarantee minimum tenure to the officers’. The disposable IAS officers successful Kerala cadre are insufficient to capable the posts of Principal Secretary and Secretary people posts successful the IAS Kerala cadre.
After proceeding the averments, the CAT held that determination were prima facie materials to proceed against the alleged contemners. However, having respect to the information that the ineligible contented arsenic to whether transportation connected completion of tenure request proposal of CSB, was considered and acceptable astatine remainder now, and considering the full facts, we suggest to ‘give a quietus to these litigations’, connected a steadfast content that the alleged contemners volition travel the rules successful aboriginal and beryllium much careful. Hence, we bash not suggest to proceed with the contempt petitions. However, it is made wide that immoderate specified usurpation of bid volition not beryllium tolerated successful aboriginal and volition beryllium dealt with firmly, it said and closed the contempt petitions.
