Non-IAS officers, retired IAS officers must not be posted in cadre posts, says CAT

The Central Administrative Tribunal (CAT) on Friday (March 6, 2026) held that all posts notified as cadre posts by the Union government must be filled up only with IAS cadre officers. It further directed the Kerala government not to fill up such posts with non-IAS officers or retired IAS officers.

The direction was passed by the Ernakulam Bench of CAT, presided over by Sunil Thomas and V. Rama Mathew, Member (Judicial) and Member (Administrative). It further declared that the posts of Excise Commissioner; Director, Kerala Institute of Local Administration (KILA); and Director General, Institute of Management in Government (IMG), were IAS cadre posts. If any of the said post is held by non-IAS officers/retired IAS officers, they shall stand removed forthwith and the posts shall remain vacant, the Bench said.

It further declared that the filling up of IAS cadre post by non-IAS officers/retired IAS officers, by redesignation, renaming or by any other method and keeping the IAS cadre post vacant, was irregular and deemed to be a colourable exercise of executive functions. All appointments, transfers and postings of IAS officers in Kerala, whether on completion of tenure or not, shall be done in consultation with the Civil Services Board (CSB).

The Bench was considering contempt petitions against the government, on a plea filed by the Kerala IAS Association and by B. Asok and Priyanka G. – both IAS officers. They approached the Tribunal alleging violation of provisions of the Indian Administrative Service (Cadre) Rules, 1954 and Annexure A2(a) of IAS (Cadre) Amendment Rules, 2014, by citing ‘indiscreet transfers and postings of IAS officers, and postings of non-IAS officers in cadre posts’ in the State.

Minimum two-year tenure

The petitioners contended that all appointments and transfers of cadre officers ought to be done on the recommendations of the CSB. Moreover, as per the rules, a cadre officer appointed to a cadre post shall hold the office for at least two years.

They alleged that there have been frequent transfers of IAS officers in Kerala without recommendation of the CSB. Although sufficient number of IAS officers were available in Kerala cadre for being appointed to cadre posts, some of such posts were filled up by non-IAS personnel or retired IAS officers, without the recommendation of the CSB and any justifiable public interest. They were so appointed solely on political considerations, they alleged and went on to point out the three specific instances of ‘encadre posts’ being filled up by non-IAS officers or retired IAS officers.

On its part, the State government contended that it had ensured that proposals for transfer of officers before completion of minimum tenure are placed before the CSB. The government was also ‘trying to ensure minimum tenure to the officers’. The available IAS officers in Kerala cadre are insufficient to fill the posts of Principal Secretary and Secretary grade posts in the IAS Kerala cadre.

After hearing the averments, the CAT held that there were prima facie materials to proceed against the alleged contemners. However, having regard to the fact that the legal issue as to whether transfer on completion of tenure need recommendation of CSB, was considered and set at rest now, and considering the entire facts, we propose to ‘give a quietus to these litigations’, on a firm belief that the alleged contemners will follow the rules in future and be more careful. Hence, we do not propose to proceed with the contempt petitions. However, it is made clear that any such violation of order will not be tolerated in future and will be dealt with firmly, it said and closed the contempt petitions.