THE HIGH Court here on Wednesday directed the State Government not to appoint any PCS officer on the cadre post of the district magistrate till further orders.
A division bench of the court, comprising Justice Pradeep Kant and Justice Rajeev Sharma, passed the orders on a petition filed by the UP IAS Association through its general secretary Sanjay Bhoosreddy.
It may be noted here that the state government had taken a decision on March 11 last to appoint two district magistrates from the PCS cadre. The IAS Association had opposed the move and had also petitioned the Central Government to direct UP not to proceed with the decision.
The Ministry of Personnel, Government of India (GOI), wrote a letter to the chief secretary of UP on June 30 last in this regard saying, “The GOI has decided that the request of the state government of UP for decadrement of the two cadre posts of district magistrates at Shrawasti and Mahamayanagar cannot be agreed to. The posts of district collectors have been included in the senior duty posts and this position is uniform across the states. There is no justification for decadrement of these senior duty posts.”
Senior advocate designate SK Kalia assisted by Devendra Upadhayaya submitted before the court that the chief minister Mulayam Singh made an announcement on March 11 last to post PCS officers as district magistrates which was actually a cadre post belonging to the IAS. This sparked a row and the IAS Association represented before the state government as per decision of the executive committee of the Association against this decision on Match 13 itself. Kalia submitted that the Association had also made another representation to the chief minister and also a detailed representation to the GOI and the UPSC on March 17 in this regard.
The counsel further submitted that the GOI informed the State Government that any action by the state in posting of non-cadre officer to the cadre post of IAS, being in violation of ‘Cadre Rules 1954’, would be patently contrary to the provisions of law and requested the state government on March 24 to furnish its comments.
Kalia further said the IAS Association, on the basis of the Central Government request, made another representation to the chief secretary of UP on April 4 last and requested not to post any PCS officer on the post of the district magistrate.
The petitioner submitted that despite a clear legal hurdle, the State Government’s department of appointment issued two orders to post two PCS officers in the two districts as district magistrates. Therefore, the order was completely ‘illegal, arbitrary and unsustainable’ in the eyes of law, Kalia added.
Interestingly, additional advocate general Jaideep Narain Mathur said he would have to take detailed instructions from the State Government to furnish a reply.
The court allowed two weeks time to the State Government to file its reply.