TUG OF WAR

THE TUSSLE between the Indian Administrative Service (IAS) officers and the Provincial Civil Service (PCS) officers has resurfaced. This time, it is the issue of posting the latter as district magistrates, in Uttar Pradesh. As focus shifts to the final round, the IAS officers have already begun crying foul, saying the move was against the provisions of the law. If the UP IAS Association has ?superiority? of service and the ?rulebook? behind itself, the PCS have Chief Minister Mulayam Singh Yadav on their side to fulfill a promise that finds mention in the Samajwadi Party?s election manifesto.

Two posts of DMs. Chief Minister Mulayam Singh Yadav wants PCS officers posted on them. However, the elite IAS officers would have nothing of it, and have said a polite ‘No’ to the CM, quoting clauses and sub-clauses of the rule book.

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THE TUSSLE between the Indian Administrative Service (IAS) officers and the Provincial Civil Service (PCS) officers has resurfaced. This time, it is the issue of posting the latter as district magistrates, in Uttar Pradesh.

As focus shifts to the final round, the IAS officers have already begun crying foul, saying the move was against the provisions of the law. If the UP IAS Association has ‘superiority’ of service and the ‘rulebook’ behind itself, the PCS have Chief Minister Mulayam Singh Yadav on their side to fulfill a promise that finds mention in the Samajwadi Party’s election manifesto.

By asking the UP IAS Association to consider giving two posts of DMs to the PCS, the Chief Minister tried to put the ball in the IAS body’s court. The IAS Association has now turned down the demand, thereby, putting the initiative back with the Chief Minister. So where does the game end? Where does it take the administrative system? Is it going to be a victory of the rulebook, or the populist mood that is fast swinging in favour of the PCS for what they claim, is step-motherly treatment being meted out to them at the hands of big brothers over the years.

As such questions get voiced, the one and the only question that remains unanswered is who wins and gains finally? No one except politics, if the points being put forward by both sides are viewed in the right perspective. The Chief Minister’s announcement is against the law of the land, say IAS officers. The move is retrograde and seeks to destablise the governance structure and organisation in the State of UP in specific and the country in general, they say.

Giving PCS officers some posts of district magistrates would open a Pandora’s box of similar demands that may be made by other service associations, they point out, while asserting that move would create many anomalies. The PCS Association, on the other hand, quotes the precedents of Orissa and West Bengal etc to make the point that PCS officers were not demanding the moon and heavens would not fall if the IAS part with posts of two district magistrates.

Truth probably lies between what the two sides have been asserting on the issue. Besides the legal provisions, the IAS Association also asserts that the State Government should make a realistic assessment about the availability of IAS officers for posting as DMs. The Association asserts that out of the IAS cadre strength of 537 officers, 192 are available for posting as district magistrates.

If the strength of super time scale officers was also included, the number goes up to 255 officers. Already 37 officers promoted to IAS from PCS cadre, have not been able to get posting as district magistrate. The IAS Association also counters the contention that promoted officers did not get a fair deal in the IAS. The Association points out that 37 out of 70 districts are being manned by promoted officers.

The Chief Minister has also promised to raise the promotional quota to 50 per cent now. The IAS Association also charges the PCS with adopting dual standards. While they are demanding DM’s posts without being inducted into IAS, the PCS Association never agrees to demands of posting revenue service officers ‘Tehsildars’ as SDMs without inducting them into PCS, said an office-bearer of the IAS Association.

Take the point of violation of The Indian Administrative Services (Cadre) Rules, 1954 now. As per Rule 4 of the Cadre rules, the strength and composition of the cadre shall be determined by regulations made by the Central Government in consultation with the State Government. All 70 posts of district magistrates have been defined as cadre posts under the provisions of the service rules. Rule 8 of the Cadre Rules clearly specifies that “save as otherwise provided in the rules, every cadre post shall be filled by a cadre officer.”

Rule 9, however, provides for temporary appointment of non-cadre officers to cadre posts subject to stringent conditions. The State Government has to seek prior concurrence of the Central Government and the Union Public Service Commission if the appointment has to be made for more than three months and six months respectively, say IAS officers.

The IAS Association also quotes the verdict of the Punjab and Haryana High Court in the Resurgence India versus State of Punjab and Others case. “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 the IPS for a period of more than three months without prior concurrence of the Central Government,” the verdict read, while further observing, “this is patently illegal, impermissible in law and totally in contravention of the very object of constitution of All India Services.”

Even IPS resent the IAS

CONTRARY TO popular perception that PCS officers were the only ones having complaints against the IAS officers, officers of Indian Police Service are on the forefront of those nursing a grudge against them. There are many allegations that the IAS officers have not allowed other services to grow.

The UP IPS Association has been demanding that a post of Home Secretary be given to the cadre. The IAS, however, has agreed only to give a post of a Special Secretary to the PCS. The IPS officers demand for a post in the Chief Minister’s secretariat, and the post of Director General of Prisons etc. The IPS officers have also been denied postings on what are called foreign assignments that include the posts of Chairman and Managing Directors in various corporations and heads of departments like excise, transport that demand policing jobs. Significantly, the IPS Association may not agree to the PCS demand, as this may lead to a situation when IPS officers may have to work under a PCS district magistrate.

Chief Minister’s Orders would be violative of All India Services Act, 1951. IAS (Cadre) Rules, 1954 made under Section 3 (1) of the said Act. State Government needs permission from the Centre to do the same.

The provisions contained in the Constitution of India in Part XIV, Article 312 setting up All India Services and defining Indian Administrative Services in particular to be created by the Parliament under the Article 312 (2) of the Constitution.

Posting PCS on IAS posts would open Pandora’s box of similar demands from other services.

UP PCS is the most pampered lot. Have seven scales against three or four elsewhere.

Maintenance of public order, land records and land revenue are part of the state list. So the State Government is within its powers to post State service officers. No need to seek Centre’s permission .

State services too have been created in accordance with provisions of the Constitution. As the issues under jurisdiction of the DMs were in the list, no need for Centre’s permission.

Orissa and West Bengal have already begun the process of posting PCS officers as DMs.

UP IAS are the most pampered. Get posted as DMs after four years against seven to eight years elsewhere.