New Delhi: In a landmark ruling with significant implications for bureaucratic governance in Kerala, the Central Administrative Tribunal (CAT) has directed the state government to stop the practice of appointing non-IAS officers or retired IAS officers to posts designated as IAS cadre positions.
The tribunal ruled that all posts notified as cadre posts by the Union Government must be filled only by serving officers of the Indian Administrative Service, and such appointments must be made strictly on the recommendation of the Civil Services Board (CSB).
The ruling is expected to have far-reaching consequences for the administrative structure in Kerala and could trigger a reshuffle among senior bureaucratic positions in the state.
CAT Directs Government to Follow Cadre Rules
The verdict was delivered by the Ernakulam Bench of the Central Administrative Tribunal, comprising Justice Sunil Thomas and administrative member V Rama Mathew.
The tribunal clearly ruled that cadre posts notified by the Union Government must be occupied exclusively by serving IAS cadre officers.
Since the petition had been filed by the Kerala IAS Association, the tribunal directed the Kerala government not to appoint non-IAS officers or retired IAS officers to such posts.
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Civil Services Board Must Approve All Transfers and Postings
In another significant direction, the tribunal emphasized the central role of the Civil Services Board in the transfer and posting process of IAS officers in the state.
According to the ruling, all appointments, transfers, and postings of IAS officers in Kerala must be carried out only in consultation with the CSB.
This direction effectively strengthens institutional oversight over bureaucratic transfers and ensures adherence to established service rules.
Petition Filed by Kerala IAS Association
The case before the tribunal was filed by the Kerala IAS Association along with two of its members — IAS officers B Asok and Priyanka G.
The petitioners alleged that the Kerala government had violated provisions of the IAS Rules, 1954, and the IAS Amendment Rules, 2014.
They also raised concerns over frequent and indiscriminate transfers of IAS officers and the appointment of non-IAS or retired IAS officers to posts that were designated as cadre posts.
According to the petitioners, such practices undermined established service norms and affected the stability and functioning of the state’s administrative machinery.
Minimum Tenure Rule Highlighted
The petitioners argued that as per service rules, appointments and transfers of cadre officers must be carried out on the recommendations of the Civil Services Board.
They also pointed out that IAS officers appointed to cadre posts are entitled to a minimum tenure of two years.
However, the petition claimed that there had been repeated transfers of IAS officers in Kerala without CSB recommendations, which violated the tenure protections provided under the service rules.
Tribunal Sets Aside Three Transfer Orders
During the hearing, the tribunal examined three specific cases in which cadre posts had allegedly been filled by non-IAS officers or retired IAS officers.
The tribunal ultimately set aside three transfer orders, including one involving senior IAS officer B. Ashok Kumar, whose position had been replaced by a retired IAS officer.
The bench observed that the procedures prescribed under cadre rules had not been followed in these cases.
Appointment of IPS Officer as Excise Commissioner Declared Illegal
In one of the most significant observations in the verdict, the tribunal declared the appointment of M R Ajith Kumar, an IPS officer, as Excise Commissioner illegal.
The tribunal clarified that the position of Excise Commissioner is an IAS cadre post and therefore must be held only by a serving IAS officer.
Three Posts Declared IAS Cadre Positions
The bench further clarified that the following positions are designated IAS cadre posts in Kerala:
• Excise Commissioner
• Director of the Kerala Institute of Local Administration (KILA)
• Director General of the Institute of Management in Government (IMG)
The tribunal ruled that if any of these posts are currently occupied by non-IAS officers or retired IAS officers, they must be vacated immediately.
Until a serving IAS officer is appointed to these positions, the posts should remain vacant.
Tribunal Warns Against “Colourable Exercise of Executive Power”
The tribunal also issued a strong warning against attempts to bypass cadre rules.
It stated that filling IAS cadre posts with non-IAS officers or retired IAS officers through methods such as redesignation, renaming of posts, or other administrative mechanisms while keeping the cadre posts vacant would be considered irregular.
Such actions, the tribunal said, amount to a “colourable exercise of executive functions,” implying misuse of administrative powers.
Kerala Government Denies Allegations
The Kerala government contested the allegations during the proceedings.
According to the state government, non-IAS or retired IAS officers were not posted against posts specifically notified for IAS cadre officers.
The government also argued that the Civil Services Board had not been disbanded and that there had been no indiscriminate transfers or postings of IAS officers in the state.
Verdict May Trigger Bureaucratic Reshuffle
Despite the government’s arguments, the tribunal’s verdict is widely seen as a major development in Kerala’s administrative landscape.
The ruling is expected to bring relief to several IAS officers in the state who had raised concerns about frequent transfers and deviations from cadre rules.
Observers believe the order could lead to a significant reshuffle at the senior bureaucratic level in the coming days as the government aligns its postings with the tribunal’s directions.
