The Central Administrative Tribunal (CAT), Ernakulam Bench, on Friday ordered IAS officer B Ashok to continue as principal secretary to the Government (Agriculture) and as Agricultural Production Commissioner in Kerala government.

Overruling the order of the state government to appoint him as the head of the newly constituted Local Self Government Reforms Commission, a Bench, comprising Justice K Haripal and Member V Rama Mathew, directed the Kerala government to allow senior IAS officer B. Ashok ,who has been proposed to be deputed as chairperson of the Local Self-Government (LSGD)Reforms Commission, to continue in his present post as Principal Secretary, Agriculture, and Agricultural Production Commissioner

Advertisement

The state government has recently transferred B Ashok, who holds the rank of Principal Secretary, from the Agriculture Department to the Local Self-Government Reforms Commission. In a surprising turn of events, he formally declined his new assignment by state government, asserting that the process involved was both legally and factually flawed.
In a letter addressed to chief secretary Sarada Muraleedharan, Ashok outlined multiple reasons for his refusal to serve as the head of the newly proposed local self-government reforms commission.

Challenging the government’s order, he approached the Central Administrative Tribunal, claiming that the guidelines related to the transfer of civil service officials had been violated.

During the hearing, the counsel for Ashok, argued that the post of Local Self Government Reforms Commission, to which the applicant was being deputed, is not equivalent to the position of Principal Secretary. The decision was made without formally constituting the Commission or determining its staff structure, including the fact that it should be led by an officer of Principal Secretary rank, the counsel argued.

The order also violated the mandatory requirements of the All India Services (Cadre) Rules, 1954, the Consolidated Deputation Guidelines for All India Services, and the Indian Administrative Services (Pay) Rules, 2016, as well as binding judicial precedents, the counsel for Ashok further argued.

The government pleader submitted that Tinku Biswal, Revenue Secretary, has been given the additional charge of Principal Secretary to the Government (Agriculture) and Agricultural Production Commissioner. However, the CAT Bench directed Ashok to continue in his current role.