CAT Overturns Government Appointment of B. Ashok as KTDFC CMD

Fast Summary

• The Ernakulam Bench of the Central Administrative Tribunal (CAT) has overturned a Kerala State government order appointing B. Ashok, Principal Secretary (Agriculture), as Chairman and Managing Director of the Kerala Transport Progress Finance Corporation (KTDFC).
• Mr. Ashok contested his transfer, arguing it violated AIS (Cadre) Rules due to its assignment to a post with a lower pay scale than his cadre post and lacked his consent.
• the tribunal noted appointments of IAS officers must be governed by Central authority under rule 6(2)(i) of the AIS Cadre Rules, requiring consent from the officer being deputed.
• It further criticized declarations of equivalence between posts without objective evaluations regarding duties or pay scales, citing breaches in Rule 12 of AIS Pay Rules.
• earlier this year, CAT had similarly set aside Mr. Ashok’s appointment as Chairperson for Local Self-Government Reforms Commission on deputation after he challenged it for violating statutory guidelines like lack of officer consent and improper authorization by State authorities.

Indian Opinion Analysis

The ruling highlights procedural gaps in governance when managing IAS cadre transfers at the state level, emphasizing adherence to constitutional norms governing All india Services appointments. This case underscores foundational principles such as ensuring proper pay parity and officer consent within inter-governmental administrative processes – pivotal for upholding bureaucratic independence and rule-based functionality in civil service roles.While challenging state-level orders may ensure standardized practices aligned with national rules, recurring disputes over cadre postings could indirectly affect institutional efficiency within governance structures like agriculture or transport development finance corporations. Striking an optimal balance between state discretion and central oversight is crucial to preventing managerial disruptions stemming from legal quagmires over delegation rights.

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