E-Paper
Follow the rules of fair play
THE ONGOING tussle between the IAS and the PCS officers regarding earmarking of posts is rather unfortunate. The root cause of the present situation is the obvious mismanagement of both the cadres, the blame for which rests primarily on the successive appointment secretaries and chief secretaries. These two officers are responsible for cadre management of both the services. Moreover, as the Big Brother it was the duty of these IAS officers to look after the interest of the PCS officers also.
THE ONGOING tussle between the IAS and the PCS officers regarding earmarking of posts is rather unfortunate. The root cause of the present situation is the obvious mismanagement of both the cadres, the blame for which rests primarily on the successive appointment secretaries and chief secretaries. These two officers are responsible for cadre management of both the services. Moreover, as the Big Brother it was the duty of these IAS officers to look after the interest of the PCS officers also.
Having said that, the clamour of the UP PCS Association for the posts included in the IAS cadre is also patently illegal and unreasonable since, theirs is a feeder service of the IAS. The members of the feeder service obviously cannot ask for posts, such as collector and secretary/principal secretary to the government. These posts are included in the cadre of the higher service. They can get these posts only after their induction in the IAS.
Rule 8 of the IAS (Cadre) Rules, 1954, provides that save as otherwise provided in the Rules, every cadre posts shall be filled by a cadre officer.
According to Rule 9, a cadre post shall not be filled by a person who is not a cadre officer except when no suitable cadre officer is available and that too with the prior approval of the Government of India, if the posting is for more than three months.
The High Court has, therefore, rightly stayed the posting of PCS officers as Collectors.
At the same time, the Rules should apply equally to both the services. Rule 8 (2) also says that cadre officers cannot hold ex-cadre posts in excess of the State Deputation Reserve fixed under item 5 of the schedule to the IAS (Fixation of Cadre Strength) Regulations, 1955.
Any appointment on ex-cadre posts in excess of the State Deputation Reserve can be made only with the prior approval of the Central Government and till such approval remains in force.
Similarly, under the 2nd proviso to Rule 4 (2) of the Cadre Rules, the State Government can increase the number of a sanctioned cadre post for a period not exceeding one year only.
Moreover, according to Rule 9 (7) of the IAS Pay Rules, 1954, the number of ex-cadre posts in the chief secretary’s scale cannot exceed the number of cadre posts in that scale except with the prior approval of the Central Government.
A PIL challenging bulk promotion of 1971 batch officers to the chief secretary’s scale was, however, dismissed as not maintainable on the ground of locus standi rather than merits of the case. Both these Rules do not appear to have been followed strictly while giving batch-wise promotions to the members of IAS.
The Rulebook, therefore, should not be held against PCS officers only. Such violations of the Rules have been possible due to the ostrich-like attitude of the Department of Personnel and Training of the Government of India for the last several years under successive regimes.
Under the circumstances, a just and fair solution to the problem of stagnation has to be found within the framework of the IAS Rules.
