Kochi: The High Court of Kerala, while admitting a petition by the state government against the IAS officers on matters of transfer on Monday, will consider the case next week. The HC will decide on the government's contention against the order issued by the Central Administrative Tribunal (CAT) in the case filed by IAS officer B Ashok.

The High Court passed an order to the effect that it was for the Tribunal to decide whether an objection as to arraying the Governor as a party has to be decided as a preliminary issue or along with the larger question. HC expressed the opinion that the case may be given preference in hearing by the CAT.

The Central Administrative Tribunal (CAT), Ernakulam bench, recently took strong exception to the manner in which the state government issued an order to transfer Kerala IAS officer B Ashok, even when the stay was in effect. The tribunal expressed displeasure, saying that the government tried to bypass the CAT's order. The state government, on September 15, issued an order transferring Ashok for the third time in nine months, even as the ongoing case over the previous transfer order was scheduled for consideration at the Ernakulam bench of the Central Administrative Tribunal (CAT) on the very next day. 

The state government then filed a petition in the High Court challenging the interim order of the CAT issued on November 13, 2023. In this order, the CAT directed that the government shall not issue orders of appointment, transfer or posting in IAS cadre posts without convening and obtaining recommendations of the Civil Services Board. According to the petition filed by Chief Secretary A Jayathilak, the CAT order issued in 2023 has been given a blanket character, effectively fettering the state's executive power in routine cadre management. 

It was cited that the Tribunal misconstrued the rule to issue the order and that it disregarded the government's reply statement and documentary proof showing that the CSB was constituted in 2014 and convened whenever necessary. The petition filed by Vinitha B, Senior Government Pleader, said that the CAT order will paralyse governance by freezing necessary postings in the context of cadre shortage and exigencies, causing disproportionate public harm. It also alleged jurisdictional overreach and that the Tribunal acted contrary to the settled law that service disputes cannot be converted into Public Interest Litigations (PIL).

The government's prayer in the court is that the CAT order of 2023 shall be quashed and set aside and to declare that the recommendation of the CSB is required only in selected circumstances. An interim relief was also sought to issue an order vacating or modifying the CAT order to permit the state to carry on necessary appointments and transfers. 

Kerala IAS officers association, IAS officers B Ashok and G Priyanka have been made respondents in the case along with four others.