Rajesh Gupta
Jammu, Feb 16: Time & again IAS body's/ IAS Association made representation to centre govt with requests that the appointment of state service officers to cadre posts like DM is against the rules.
The IAS Associations had also strongly opposed the increasing trend of state governments appointing state civil service officers to IAS cadre posts such as District Magistrates.
As per details with Cross Town News, In one representation into the issue reportedly, the association had representated that such appointments go against the All India Service Rules, and warn that they could lead to a parallel administrative structure convenient for the ruling parties in states, and destroy the federal fabric of the country.
The association had cited examples of West Bengal and Odisha as states where there has been appointment of officers from the state services as District Magistrates or Deputy Commissioners, and will further ask the DoPT to direct state governments not to issue any orders or actions that may violate the All India Service Rules.
Pertinent to mention here that, according to the proposed representation, Rule 8 of the All India Service Rules clearly states that “…save as otherwise provided in these 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 only if the vacancy is expected to not last more than three months, or a suitable officer from the cadre is not available for filling the vacancy.
Further, even when these conditions are fulfilled, the state government is supposed to take prior concurrence of the central government before appointing a non-cadre officer to a cadre post.
However, Back in 2004, a judgment of the Punjab and Haryana High Court said that the appointment of non-cadre officers in cadre postings “is patently illegal, impermissible in law and totally in contravention of the very object of constitution of All India Services”.
The states are learnt to have appointed lot of state officers by pick & choose without taking any permission from the central government.
The DoPT should strike down the orders appointing such officials in all states, if they’re found to be illegally in the course of inquiries, if appointed without taking any approval from Govt of India as prescribed in the rules for such appointments.
The trend could attack the basic tenets of the Constitution, thereby destroying the federal structure of the country as such appointments directly impact the democratic structure of the Union of India and the damage they cause would be difficult to control in the long run.
Pertinent to mention here that IAS Officer wew expecting a change in UT rules but same is being repeated in J&K now also, brining a negative wave in them.
Otherwise also the STate Services Officers are feeling bit demorlaized, one should have been posted as DM as per serial number of seniority but not being done & some blue eyes are given third postings as DM & seniors are feeling mentally tortured over the act by ill feeling of their in competance/in efficiency compared to such posted officer as DM, which raises a question mark ?
However, RTI has been filed by one to Chief Secretary, J&K, copy of which is with CTN for getting information, if any for reccomendations of such kind of appointments of DMs of state cadre officer on IAS Posts from DoPT or being done on their choice by pick & choose.... to adjust their blue eyeds only, which shall follow?
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