New Delhi: The IAS Association is set to strongly oppose the increasing trend of state governments appointing state civil service officers to IAS cadre posts such as district magistrate.
In a representation it is set to make to the Department of Personnel and Training (DoPT), the association will argue 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, sources in the association have told ThePrint.
The association is set to cite the 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 ask the DoPT to direct state governments not to issue any orders or actions that may violate the All India Service Rules.
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What the rules state
According to the proposed representation, Rule 8 of the All India Service Rules clearly states: “…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, sources in the association said.
The trend that the association is set to flag, however, is nothing new. Back in 2004, a judgment of the Punjab and Haryana High Court said 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 IAS Association is expected to cite this judgment to corroborate its argument that the practice is illegal.
May send representation to EC too
Sources said the association is also contemplating sending the representation to the Election Commission ahead of the Lok Sabha polls as it believes that the practice of appointing state service officers could ensure that the party in power in states benefits from these appointments during elections.
The states are learnt to have appointed these officers without any permission from the central government — a trend that could have particularly adverse effects in election season, a source said.
Therefore, the IAS body is set to urge the central government and the Election Commission to ensure that only IAS or cadre officers are appointed to sensitive posts during elections.
In its representation, the association will also ask the DoPT to strike down the orders appointing such officials in West Bengal and Odisha, if they’re found to be illegal in the course of inquiries.
Devastating effects
The IAS body is of the view that the trend could attack the basic tenets of the Constitution, thereby destroying the federal structure of the country.
“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,” the source in the association said.
“The representation would also highlight the fact that the Centre-state relations are anyway a constant source of tension and debate…Such actions would magnify the problem and threaten the existence of the country.”
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Many IAS officers have also visited jails. If state service officers are corrupt, don’t call them for disaster management, election & general administration. Big brothers have mastered the art of utilising them & throwing them after they are crowned with success.
Having served in State Administrative Service for 18 years before seeking voluntary retirement, my experience, generally, was the IAS cadre arrogant, poor communicators, poor trainers and rarely protective of honest and hardworking state officers. They lived in their bubble of self-importance and I felt sickened by the crude art of licking their seniors and political leaders, while being rude to Sub- ordinates. Of course, one should be lucky to find an IAS boss, who atleast allows you the freedom to do your work. I fondly recall only three IAS officers who were protective of me. I felt the State officers to be more genial , cooperative and approachable. However, the steep decline in command over English has affected both IAS and State cadres adversely.
Hi the men from Mars rightly mentioned all India rules 8,9 of our country for the prime posh posting as DM,dc at the time of election , only fellow can deliver justified job, but to the contrary lots of example is otherwise, don’t stir the nest the all’India services association claims only they are the only cadre pure impartial well-wishers now a days in India??????????????
Yes it should be done it’s very good step most of the State cadres are corrupt and they don’t know how to run the administration . My parents work at DC office they share how corrupt they are being from local State and but not incase of All indian service they are always Strick and knows how to run the whole Administration working with officers they know the difference between state and centre officials
That steel frame is not seen since long. Don’t speak on cadre. Many of the so called big brothers are in jail. The state civil servants are always exploited either in disaster or in election or in administration. Have you ever thought on their training . promotion or immunity ?
Appointment of state officers in top post will further hamper the administrative system in the country. 99% of politicians won’t do there duties and if the next level of administration is compermised then the rich and powerful will rule neglecting the common man
To keep harmonious centre State relations nd for for smooth functioning of federal structure to some percentage should be kept for the states
The direct recruiters if all govt and PSUs should be classified as cadets offices and their service rules should be uniform
The direcruitees seniority and cadet promotion should be seperate from promoters. At least now IAS officers woke up. I thank them
Chief Secretary of the state approves these appointments who are chiefly IAS officers. Why blame anyone else when so called steel frame of country has become rubberframe. Many IAS officers are also in cahoots with local politicians toe their line
Are sure that all IAS officers are perfect ?
This article is biased and presents only one half of the story. Why does the whole discussion in the article gets centred around the post of DM only when, in fact there are many other cadre posts in a state? This is because DM is the power-centre in the administrative machinary and the IAS Association just can’t digest the presence of a state service officer on that post. At times, there are news about some IAS officers’ involvement in one corruption case/scam or the other; and at the same time, there are examples of brilliant state officers too. Cadre is not the yardstick for measuring the integrity of officers. Many a time, in critical law and order problems, senior state officers having a better local connect, are readily sought for. There is, and there should be, however, a sanctity of cadre posts but there should also be necessary provisions for state officers to avail the opportunity of serving at these posts when the times demand as they have to get to grips with the working experience of these posts so that, in future, when they get inducted to IAS and climb the ladder to the level of Secretary, they should not be sans the experience of these cadre posts.
This is utterly nonsense. Who are you people to decide merit of scs officers? Do you know why in the first place cadre posts are filled by scs officers because no cadre officer is ready to join there as the post is not lucrative. This protest came only when so called lucrative posts were filled with scs officers. And the examples cited are tipbof the iceberg. There are so many cadre posts which are currently filled by scs officers as no cadre officers are ready to work on these posts. This hue and cry is only because the state governments started to post scs officers where ias officers were dying to get themselves to get. As far as merit of scs officers is concerned they are anytime better this sense of exasepartion is for the reason that ias officers are fearing about their own status in current administration.
Many IAS officers are worst than a peon while many Officers from State Civil Service Cadre are better than IAS cadre. IAS officers are route of curruption and nepotism. I saw numerous IAS officers oiling politicians for their vested interests do always Chamchagiri.
All this are happening after notification for election!!!!! Great timing. What prevented this to be brought up earlier.
Why only in two opposition state ?. These need to be done equally in every state . Just targeting the opposition state won’t do.
Politician will always prefer officers of their choice no matter it is ias or state cadre officer.IAS will also fall in line with them. So its not justified
Implement of Honourable High Court order of Hariyana & Punjab..! Follow the rules & regulations…!
Compromise may happen SPSC and cadre level. No one can give guarantee. If u accept state level cadre compromise at election for favour of one. It may continue further also. It means taking care at election time and leaving people at helpless. If you think cadre always perfect then bring police in union list. Accept state police and dy collectors are waste designations. Everyone has to perform their duties irrespective place.
State service officers compromise in everything…not just election. State service officers who got promoted as IAS are very mischief and very cunning. They never think of national intrest.They just think of their own merits and demerits and act like puppets in the hands of politicians. Sometimes they devise plans which brings high figure but low quality and bane future.
Eg: A STATE SERVICE OFFICER WHO GOT PROMOTED AS D.M ASKS ALL THE
GOVT.TEACHERS IN HIS DISTRICT TO ALLOW MASS COPING IN 10TH CLASS FINAL EXAMS AND HE GOES ON HOLIDAY TRIP UNTILL EXAMS ARE COMPLETED. THAT DISTRICT GETS TOP AMONG ALL YHE DISTRICTS IN THE STATE. THATS THE STORY OF 1ST YEAR. IN THE 2ND YEAR HE ASKS EVERY TEACHER THAT THEY SHOULD BE 1ST AMONG THE DISTRICTS AGAIN AND WARNS EVERY TEACHER OF STRICT ACTION IF THEY FAIL TO KEEP 1ST RANK AMONG ALL THE DISTRICTS. NOW THIS IS THE 3RD YEAR AND MASS COPING IN 10TH IS KNOWN FACT AND THE SAME MAGISTRATE WANT THE DISTRICT TO BE TOP FOR THE 3RD TIME IN THE ROW. IS HE NOT PLAYING WITH LIVES OF STUDENTS. THEY MAY PASS 10YH TODAY BUT THEY FACE LOT OF STRESS IN 11TH & 12TH STANDARD. SOMETIMES IT GOES ON TO VERY END OF THEIR FUTURE.
It had earlier happened in UP also, where two posts were given to PCS officers. Withdrawn after about a year, if memory serves me right. Lov Verma, retired IAS officer, 78 batch, UP cadre.
Inquiry About The Person’s Who Appointed ..Belongs to NonCadre…And Work Is Long Time Consuming…Then How It Detected & SUSPEND Up to Election..New Cadre Appointment Temporary Basis Is Suitable…
Today Every Leaders sup motto Aims not to lost Contest by Seats ,any cost , Feeling. As supreme..law maker..own law sustain…So , Conditions of Chaos..Bloodshed War begin…How We Demolished Our Democracy by playing a game!!!!….What Next Waiting for Us….
Has the Association come across this practice in only two, opposition ruled states in the country …