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Telangana chief secy has to go to AP in tune with Centre’s allotment order: HC | Hyderabad News
HYDERABAD: In a setback to both the state and chief secretary Somesh Kumar, the Telangana high court on Tuesday set aside a 2016 order of the Central Administrative Tribunal (CAT) that allowed Somesh Kumar to continue in state cadre contrary to his allotment to Andhra Pradesh (AP) during 2014 cadre division exercise at the time of AP bifurcation.
Pratyush Sinha committee that oversaw the division of the cadre exercise through a set of guidelines that formed the basis for allotting the existing IAS, IPS and other All India Services (AIS) officers to the two successor states of Telangana and AP in 2014.
Somesh Kumar challenged his allotment to AP before the CAT in 2014 and has been continuing in Telangana based on the judgment of the CAT that quashed the centre’s allotment order and allowed Somesh to continue in Telangana.
The Centre’s department of personnel and training challenged the order of the CAT before the high court in 2017.
A bench of Chief Justice Ujjal Bhuyan and Justice S Nanda heard this appeal and pronounced its order on Tuesday saying that CAT had erred in quashing the allotment order of Somesh to AP.
HC upheld the contention of the Centre that is the cadre controlling authority and there is no place for the choices of the individual officers regarding place of work.
Though the counsel for Somesh made a request to suspend the order for three weeks, the bench refused to do so. Somesh may soon challenge the order in the Supreme Court. As of now, the allocation order of the centre that allotted Somesh to AP will come into force again, legal sources said.
Though there were a batch of petitions filed by scores of AIS officers, the bench said it would first decide the issue of Somesh so that the conclusions arrived at here could be applied to others whose cases are similar to that of Somesh. Since the bench in its Tuesday’s order has decided the issue, the same could be applied to the cases of other officers in the days to come, it is said.
Pratyush Sinha committee that oversaw the division of the cadre exercise through a set of guidelines that formed the basis for allotting the existing IAS, IPS and other All India Services (AIS) officers to the two successor states of Telangana and AP in 2014.
Somesh Kumar challenged his allotment to AP before the CAT in 2014 and has been continuing in Telangana based on the judgment of the CAT that quashed the centre’s allotment order and allowed Somesh to continue in Telangana.
The Centre’s department of personnel and training challenged the order of the CAT before the high court in 2017.
A bench of Chief Justice Ujjal Bhuyan and Justice S Nanda heard this appeal and pronounced its order on Tuesday saying that CAT had erred in quashing the allotment order of Somesh to AP.
HC upheld the contention of the Centre that is the cadre controlling authority and there is no place for the choices of the individual officers regarding place of work.
Though the counsel for Somesh made a request to suspend the order for three weeks, the bench refused to do so. Somesh may soon challenge the order in the Supreme Court. As of now, the allocation order of the centre that allotted Somesh to AP will come into force again, legal sources said.
Though there were a batch of petitions filed by scores of AIS officers, the bench said it would first decide the issue of Somesh so that the conclusions arrived at here could be applied to others whose cases are similar to that of Somesh. Since the bench in its Tuesday’s order has decided the issue, the same could be applied to the cases of other officers in the days to come, it is said.
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