High Court stays CAT order on promotions

BANGALORE: The Karnataka High Court on Thursday, stayed an order of the Central Administrative Tribunal (CAT) which had struck down Rule 5 (3) of the Indian Administrative Services (Appointment by Promotion) Regulations, 1964, according to which no officer from the State civil services could be promoted to the IAS cadre after they reach 54 years of age.

A CAT Bench comprising Administrative member Katyayini and Judicial member B.V. Rao had on November 30, 2009, quashed the 1964 rule and also ordered the Centre and State to redo the entire list of officers promoted from the State to Central services. The 1964 rules excluded officers belonging to the State services from being promoted to Central services in case they had attained 54 years.

There are 248 IAS cadre posts in Karnataka and 135 of them are classified under the quota meant for KAS officers. As on January 1, 2008, 30 IAS posts were vacant in Karnataka. Of them, 20 were to be occupied by those promoted from the KAS. Some KAS officers who were not considered for promotion as they had crossed 54 years of age, including BBMP Additional Commissioners V. Sriram Reddy and S. Puttaswamy had challenged their exclusion before the CAT.

The CAT had allowed their application. But the Union Government filed an appeal in the High Court.

It had urged the High Court to set aside the CAT order, saying that rule making comes under the purview of the legislature and that it is a policy decision of the Government. It also said legislative procedures cannot be subjected to judicial review.

Defending the bar of 54 years, the Centre said it was only to ensure that the service of officers can be availed of for a long and uninterrupted period. In its interim order, a Division Bench comprising Justice V. Gopala Gowda and Justice A.S. Bopanna stayed the CAT order. They posted the matter for final hearing in March 2010.