2-year fixed postings for IAS, IPS and forest service

NEW DELHI: Exactly three months after the Supreme Court directed the Centre to insulate civil servants from political pressure by giving them a fixed tenure, the government has amended the rules governing IAS, IPS and Indian Forest Service (IFoS) officers to assure them at least two years in a given posting.

Every state will now have to make appointments of cadre officers on the recommendation of a Civil Services Board constituted by it under chairmanship of the chief secretary. Besides, what could spell relief for bureaucrats like Haryana cadre IAS officer Ashok Khemka and young IAS officer from Uttar Pradesh Durga Sakthi Nagpal, the transfer of a cadre officer before the minimum specified tenure can be done only on the recommendation of the board.

The competent authority may reject the recommendation of the board, but the reasons thereof must be recorded.

According to the amendments effected to the IAS/IPS/IFoS cadre rules, a cadre officer appointed to any cadre post shall hold the office for at least two years unless in the meantime, he/she is promoted, retired or sent on deputation outside the state or training exceeding two months. The fixed tenure may be specified by the state government in the case of cadre officer appointed to non-cadre posts.

The board shall examine cases of premature transfers, consider for transfer before fixed tenure based on circumstances it thinks fit, and recommend to the competent authority names of officers for premature transfer with reasons to be recorded in writing.

The board can seek justification from the administrative department of the concerned state for premature transfers, obtain comments or views of the officer proposed to be transferred, and not recommend premature transfer unless satisfied with the reasons.

The board shall also submit a quarterly report to the Centre giving details of officers recommended to be transferred before the minimum tenure and the reasons thereof.

A look at the minutes of a meeting of state principal secretaries (personnel) convened by the Centre in September 2013 shows that no more than 13 states had notified IAS (cadre) rules for stability of tenure, while 11 states were yet to do so. The states of Bihar, Maharashtra, Gujarat and West Bengal were disinclined to notify the rules, citing reasons like legal complications, existence of a similar law and already stable tenures.

Even as the Centre pushed the non-committal states for their consent, the Supreme Court on October 31, 2013, passed an order ruling a minimum assured tenure for civil servant, thus paving the way for an amendment of the rules. The ruling was a petition filed by 83 ex-bureaucrats.

Central Indian Civil and Administrative Association secretary Sanjay Bhoosreddy on Thursday welcomed the new cadre rules as a small step towards good governance. However, adding a note of caution, he said, "These guidelines are there since 2008, but the states have not been implementing them. Let us wait and see if the new rules are followed in letter and spirit."

The Civil Services Board for IAS officers would include chief secretary, senior-most additional chief secretary of chairman, Board or Revenue or Financial Commissioner, and principal secretary/secretary, personnel, in the state government. For IPS officers, it shall also consist of principal secretary (home) and the state DGP. For IFoS officers, the two additional members on the board would be principal secretary, forest, and principal chief conservator of forest.