CAT Pulls Up Kerala Government: Orders IAS Cadre Posts Must Be Held Only by Serving IAS Officers, IPS Appointment as Excise Commissioner Declared Illegal
In a major ruling that could significantly impact the administrative framework of Kerala, the Central Administrative Tribunal (CAT) has instructed the state government to discontinue the practice of appointing non-IAS officers or retired IAS officers to positions officially designated as IAS cadre posts.
The tribunal stated that any post notified as a cadre position by the Union Government must be filled strictly by a serving officer of the Indian Administrative Service. It further emphasized that such appointments should be made only on the recommendation of the Civil Services Board (CSB).
The decision is expected to have substantial administrative implications in Kerala and may lead to a reshuffle of several senior bureaucratic postings across the state.
CAT Directs Strict Adherence to Cadre Rules
The order was passed by the Ernakulam Bench of the Central Administrative Tribunal, comprising Justice Sunil Thomas and administrative member V. Rama Mathew.
The bench categorically ruled that cadre posts notified by the Union Government must be occupied exclusively by serving IAS officers belonging to the cadre.
Since the petition in the matter was filed by the Kerala IAS Association, the tribunal directed the Kerala government not to appoint non-IAS officers or retired IAS officers to such cadre-designated positions.
Civil Services Board to Play Mandatory Role in Postings
In another key directive, the tribunal highlighted the crucial role of the Civil Services Board in the process of transfers and postings of IAS officers within the state.
The tribunal ruled that all appointments, transfers, and postings involving IAS officers in Kerala must be carried out only after consultation with the Civil Services Board.
This direction reinforces institutional oversight over bureaucratic appointments and ensures that established service rules are followed in administrative decision-making.
Petition Filed by Kerala IAS Association
The matter came before the tribunal through a petition 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, as well as the IAS Amendment Rules, 2014.
They also raised concerns regarding frequent and arbitrary transfers of IAS officers and the practice of appointing non-IAS or retired IAS officers to positions officially designated as cadre posts.
According to the petitioners, these practices undermined established service norms and negatively affected the stability and efficiency of the state’s administrative system.
Tribunal Emphasizes Minimum Tenure Norm
The petitioners further argued that under existing service rules, appointments and transfers of IAS cadre officers must be based on recommendations of the Civil Services Board.
They also highlighted that IAS officers appointed to cadre posts are entitled to a minimum tenure of two years.
However, the petition claimed that several IAS officers in Kerala had been transferred repeatedly without the approval or recommendation of the Civil Services Board, thereby violating the tenure protections provided under service regulations.
Three Transfer Orders Set Aside
During the course of the proceedings, the tribunal reviewed three specific cases where cadre posts were allegedly filled by non-IAS officers or retired IAS officers.
After examining the matter, the tribunal set aside three transfer orders, including one involving senior IAS officer B. Ashok Kumar, whose position had reportedly been replaced by a retired IAS officer.
The bench observed that the procedures laid down under the cadre rules had not been properly followed in these instances.
IPS Officer’s Appointment as Excise Commissioner Held Illegal
In one of the most important observations in the ruling, the tribunal declared the appointment of IPS officer M. R. Ajith Kumar as Excise Commissioner illegal.
The tribunal clarified that the post of Excise Commissioner is an IAS cadre position and therefore can only be held by a serving IAS officer.
Three Posts Recognized as IAS Cadre Positions
The bench further clarified that the following positions in Kerala are officially designated as IAS cadre posts:
• 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, these positions should remain vacant.
Tribunal Warns Against Misuse of Administrative Powers
The tribunal also cautioned the state government against attempts to bypass cadre rules through indirect administrative measures.
It observed that filling IAS cadre posts with non-IAS officers or retired IAS officers by redesignating positions, renaming posts, or adopting other administrative methods while leaving the cadre posts vacant would be considered improper.
Such actions, the tribunal noted, amount to a “colourable exercise of executive power,” implying a misuse of administrative authority.
Kerala Government Rejects Allegations
During the proceedings, the Kerala government contested the claims made in the petition.
The state government argued that non-IAS or retired IAS officers had not been appointed against posts specifically notified as IAS cadre positions.
It also maintained that the Civil Services Board had not been dissolved and denied allegations of arbitrary or indiscriminate transfers of IAS officers in the state.
Verdict Likely to Trigger Bureaucratic Changes
Despite the state government’s defense, the tribunal’s decision is widely regarded as a significant development in Kerala’s administrative system.
The ruling is expected to provide relief to several IAS officers who had raised concerns regarding frequent transfers and deviations from cadre rules.
Observers believe that the order may lead to a major reshuffle among senior bureaucratic positions in Kerala as the state government moves to comply with the tribunal’s directions.
