State Governments are operating ex-cadre posts at Apex level in violation of Rules

Newsroom24x7 Desk

north blockNew Delhi: The Department of personnel and Training of Government of India has observed that without obtaining the approval of Central  Government more number of ex-cadre posts are being operated at Apex level in several States in violation of rule 9(7) of IAS (Pay) Rules 2007.

The State Governments have been asked to adhere to the instruction of DoPT for limiting the increase in the Senior Duty Posts by not more than five percent while submitting the proposal. It has also been stressed that the practice of keeping cadre posts vacant or in abeyance for longer period should be
avoided.
The IAS cadre review falls due in the year 2015 for Chhattisgarh, Haryana, Jharkhand, Manipur, Tripura, Nagaland, Punjab, Rajasthan, Sikkim and AGMUT cadre. The concerned State Governments have been asked to submit the cadre review proposal in time to avoid any undue delay in carrying out the cadre review.

The issue of All India Service cadre management will come up for discussion at the Meeting by MOS (PP) and Secretary (P) with Principal Secretaries (Personnel/GAD) of the State Governments on May 18. Under the agenda for this meeting, the stability of the All India Service officers, especially in the States, will come up for detaled discussion as it is a matter of concern for a long time. Frequent and arbitrary transfers of officers before completion of a reasonable tenure on any post have always been considered as a major reason for the declining standards of administration, the agenda points out. Attention of the States has also been invited to the Supreme Court’s judgment of October 31, 2013 in the matter of WP No.82/2011 filed by TSR Subramanian & Ors. Vs. UoI & Ors. whereby directions were issued to the Centre, State Governments and the Union Territories to constitute Civil Services Boards within a period of three months to take care of postings/transfers of all civil servants.

In compliance of Supreme Court’s directions, relevant amendments have been carried out in rule 7 of the IAS, IPS and IFS (Cadre) Rules by DoPT and notified on January 1, 2014, for fixing minimum tenure of two years for all cadre posts and also mandating formation of Civil Services Board to take care of the posting/transfer of AIS officers.

DoPT had asked the State Governments to provide information in respect of IAS officers who are on unauthorized absence from cadre but this Information is still awaited from some State Governments.

Supreme Court in Crl App. No.88-93 of 2003 in CBI vs.Saurin Rasiklal Shah vide order dated 10/12/2013 has directed that the concerned State Governments will provide necessary assistance to the Government of India to make the additional Special Courts functional within a maximum period of four months from today else the Central Government may take action under Article 247 of the Constitution. The period of four months has expired on April 10, 2014 but so far only 17 additional special courts in compliance of above direction of Hon’ble Supreme Court have become functional.

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