In a landmark ruling, the Kerala High Court has directed that IPS officer D Shilpa, currently serving in the Kerala cadre, be considered for inclusion in the Karnataka cadre, citing an error during the 2015 batch cadre allocation process.
A Division Bench comprising Justice Amit Rawal and Justice K.V. Jayakumar issued the order, instructing the concerned authorities to decide on her cadre transfer within two months.
Background of the Case
Shilpa, presently posted as Assistant Inspector General (AIG) at the Kerala Police Headquarters, had challenged her cadre allocation after the Central Administrative Tribunal (CAT) dismissed her petition. In her plea, she argued that she is a native of Karnataka and was erroneously allotted to the Kerala cadre due to an administrative oversight.
The High Court agreed with her contention, ruling that the cadre allocation process had indeed deprived her of her legitimate right to be posted in her home state. The court emphasized the importance of rectifying such procedural errors, especially when they affect an officer’s fundamental rights. Advocate T. Sanjay represented Shilpa in the proceedings.
Next Steps
The judgment now places the responsibility on the Central Government and the Ministry of Home Affairs to take appropriate action and issue a final decision on the cadre correction within the stipulated two-month time-frame.
This verdict could potentially serve as a precedent for future cases involving cadre allocation disputes in the All India Services.
