IAS officers set for date with CM
WHEN THE Uttar Pradesh IAS Association meets Chief Minister Mulayam Singh Yadav, it would present a strong case against the State Government?s move to post PCS officers as district magistrates.india Updated: Mar 15, 2006 01:29 IST
WHEN THE Uttar Pradesh IAS Association meets Chief Minister Mulayam Singh Yadav, it would present a strong case against the State Government’s move to post PCS officers as district magistrates.
If all goes well, a delegation of association will meet the CM on Thursday. Armed with provisions of the All India Service Rules that prohibit posting of a non-cadre officer on cadre posts and the judgment of the Punjab and Haryana High Court, the association will request Yadav to withdraw his announcement to post PCS officers as DMs.
The association strongly counters the PCS Association’s allegations that the PCS cadre is being given step motherly treatment. In order to prove its point, the association will also take with itself a list of additional perks and facilities being given to state PCS cadre vis-à-vis other states. It will remind Yadav of his promise of consulting the IAS officers before proceeding ahead on the issue.
The association asserts that all the 70 posts of the district magistrates were the cadre posts of the IAS. Hence no officer of any other service can be posted without prior approval of the Centre, says association secretary Sanjay Bhus Reddy while asserting that the State Government’s move would violate Constitutional and legal provisions.
Reddy says the association had filed a caveat expressing reservations against State Government’s move on December 21, 2005. The association quotes the EP Royappa versus State of Tamil Nadu case in the Supreme Court and the Punjab and Haryana High Court’s verdict in Resurgence India v/s State of Punjab and Others case to send its point home. The association asserts that the verdict of the SC was binding on all the state governments and authorities.
Quoting verdict of the Punjab and Haryana High Court, a senior officer said one of the issues in the petition pertained to the mismanagement of ‘Cadre Posts’ of Indian Police Service (IPS) in Punjab by way of various types of illegal administrative actions, including posting of non-cadre officers on cadre posts in violation of the IPS cadre rules.
The HC in its verdict had observed: “On a plain reading of Rules 8 and 9 of the cadre rules, as interpreted by the Hon’ble Supreme Court, we have absolutely no doubt in our mind that non-cadre officers, under no circumstances, can be permitted to hold “cadre posts” of IPS for a period of more than three months without prior concurrence of the Central Government and/or for a period of more than six months without prior approval of the Union Public Service Commission.
“We are, therefore constrained to dispose of these Civil Misc. Applications with a direction to the State Government to transfer non-cadre officers from the cadre posts of IPS strictly in accordance with the provisions of IPS (Cadre) Rules 1954.”
The association says only the Centre is the cadre governing authority of the All Indian Services. The origin of All India Services lies in the Article 312 of the Constitution of India and in accordance with the provisions of All India Services Act enacted by Parliament, the central government notified the cadre rules.