CAT verdict disrupts cadre

Monday’s order of the Central Administrative Tribunal (CAT) quashing a central rule fixing age limit for promotion from state civil services to central civil services, is set to disrupt the cadre positioning of IAS officers within the state bureaucracy.

The CAT also annulled the promotions made after January 1, 2007 and directed the Union government to draw up a fresh list of promotees.

This is bound to alter the positioning of various officers within the bureaucracy. The Union government will now have to either appeal against the CAT order or accept the same and come up with a fresh list of promotions.

Ten officials who were elevated to the central cadre will lose their promotion. The affected officers include two members of the chief minister’s secretariat, joint secretary BG Nanda Kumar and special officer BN Krishnaiah.

A CAT bench comprising Justice Kathyayini and Justice BV Rao had allowed a writ petition filed by KAS officer and BBMP joint commissioner Srirama Reddy and others and quashed Rule 5(3) of the IAS (Appointment by Promotion) Regulations 1955 mandating that only state civil servants who have not crossed 54 years of age can be promoted to the central cadre.

It held that the rule was irrational and unconstitutional and a violation of Article 14 of the Constitution. The CAT also quashed the promotions made from KAS to IAS after January 1, 2007 and ordered that the list of promotees be redrawn.

One of the petitioners who had moved the CAT, BBMP joint commissioner Puttaswamy, said: “When the central government raised the retirement age of civil servants from 58 to 60 years, it had to increase the the age limit for promotions also from 54 to 56 years. We challenged this discrimination and the tribunal upheld our views and struck down the rules.”

The CAT order also puts on hold the recommendations made by the state government on November 23 last, promoting 15 Karnataka Administrative Officers (KAS) to IAS cadre.

The officers to be affected include the chief minister’s media secretary N Bhrungeesh and Information Department director NR Vishukumar.