Kochi: The Kerala High Court has admitted the state government’s petition challenging transfer-related issues involving IAS officers, with the case scheduled for hearing next week. The legal tussle centers around the government’s contention against a Central Administrative Tribunal (CAT) order filed by IAS officer B Ashok.
High Court’s Stance on Preliminary Issues and Hearing Preference
The Kerala High Court ruled that the CAT should determine whether objections about including the Governor as a party should be treated as a preliminary matter or alongside broader issues. The court also expressed that the case might be given priority during the CAT hearing, signaling the gravity of the dispute.
Read also: Kerala Govt Defies CAT Stay, Transfers IAS Officer B Ashok for Third Time in 9 Months
CAT’s Strong Reprimand of State Government
The Ernakulam bench of the CAT recently criticized the Kerala government for transferring IAS officer B Ashok despite an active stay order. The tribunal noted that the government appeared to bypass its directive when Ashok was transferred for the third time within nine months, with the transfer order issued just a day before a scheduled CAT hearing.
Government’s Challenge to CAT’s 2023 Order
On September 15, the Kerala government challenged the CAT’s interim order from November 13, 2023. The CAT had mandated that appointments, transfers, or postings in the IAS cadre should not occur without recommendations from the Civil Services Board (CSB). The government, represented by Chief Secretary A Jayathilak and Senior Government Pleader Vinitha B, argued that this order unduly restricts executive power and disrupts routine cadre management.
The petition claims that the CAT misinterpreted the relevant rules, ignoring the fact that the CSB was formed in 2014 and convened as needed. The government warned that enforcing the CAT order would paralyze governance, particularly amid cadre shortages and urgent administrative needs. It further accused the tribunal of jurisdictional overreach and converting service disputes into Public Interest Litigations (PILs), which contravenes established legal principles.
Government’s Plea and Respondents in the Case
The state government has requested the High Court to quash and set aside the CAT’s 2023 order, asserting that CSB recommendations should only be mandatory in select situations. Additionally, the government has sought interim relief to modify or vacate the CAT order to allow necessary appointments and transfers to continue without hindrance.
The Kerala IAS Officers Association, along with IAS officers B Ashok and G Priyanka and four others, have been named respondents in the case.
