RAJU NARAYANA SWAMY Vs. STATE OF KERALA

JUDGEMENT

(1.) This original petition was filed challenging the order of the Central Administrative Tribunal (CAT), Ernakulam Bench. The petitioner is the Seniormost IAS Officer and is currently the Principal Secretary to Government. He approached the CAT as he was not considered for apex scale promotion as the Chief Secretary. The Central Administrative Tribunal, noting the procedure for the appointment of the Chief Secretary, negated the challenge. This is how the petitioner approached this Court challenging the said order under Article 227 of the Constitution.

(2.) The learned Senior Counsel, referring to Annexure A8 relating to the promotion of members of the Indian Administrative Service, argued that the petitioner is not claiming an appointment as the Chief Secretary but only claiming a promotion to grade him as the Chief Secretary. It is submitted that in the absence of any adverse remarks in the ACR, he is entitled to be graded as the Chief Secretary on completion of 30 years of service as a member of the Indian Administrative Service.

(3.) It is appropriate to refer to the principles relating to promotion in the grade of Chief Secretary as referred in Annexure A8 office memorandum issued by the Government of India, Ministry of Personnel P.G and Pensions, Department of Personnel and Training: The zone of consideration for promotion in this grade would consist of all the members of the Service who have completed 30 years of service. Appointment in this grade would be made from amongst the officers thus cleared, at any time during the relevant year and subject to the provisions of rule 9(7) of the I.A.S. (Pay) Rules, 1954. The Screening Committee for this purpose shall consist of the Chief Secretary concerned, one officer working in this grade in the cadre and another officer of the cadre serving in Government of India in the same grade.