HC Quashes CAT Order Allocating IAS Officer Somesh Kumar To Telangana Cadre
The Telangana High Court has quashed the Central Administrative Tribunal order holding IAS Officer and Chief Secretary of Telangana Somesh Kumar to be treated as All India Service officer of the State of Telangana cadre.
The bench of Chief Justice Ujjal Bhuyan and Justice Surepalli Nanda held that the CAT had grossly erred in interfering with the allocation of Somesh Kumar to the State of Andhra Pradesh.
The Court noted that no prejudice in the legal sense can be said to have been caused to Somesh Kumar by his allocation to the State of Andhra Pradesh.
The Court was dealing with the plea by Union Government challenging the CAT order allowing chief secretary Somesh Kumar to continue in Telangana.
The Union Government had reallotted IAS and IPS officers after the bifurcation of undivided Andhra Pradesh.
Somesh Kumar was allotted to Andhra Pradesh though he had opted for Telangana.
Being aggrieved, he made two representations to the advisory committee on requesting change of allocation from Andhra Pradesh cadre to Telangana cadre. However his position remained same.
Thereafter Somesh Kumar approached CAT seeking directions to declare the guidelines and the subsequent process of allocation of officers of All India Service borne on the cadre of the erstwhile composite State of Andhra Pradesh to the successor States of Telangana and Andhra Pradesh including his allotment to the State of Andhra Pradesh as illegal.
The CAT directed to treat Somesh Kumar as an All India Service officer of the State of Telangana with all consequential benefits.
Senior Advocate T.Suryakaran Reddy appeared for Union of India and and Senior Advocate D.V.Sitharam Murthy appeared for Somesh Kumar.
The High Court observed that “…we are of the unhesitant opinion that CAT fell in error in interfering with the allocation list and setting aside the same qua the allocation of the first respondent to the State of Andhra Pradesh. The order of CAT to that effect is legally and factually untenable. That apart, the further direction of CAT to treat the first respondent as an All India Service officer of the State of Telangana with all consequential benefits is wholly without jurisdiction.”
The Court held that the CAT could not have issued such a direction as the cadre controlling authority is the Central Government.
“…we may mention that no prejudice in the legal sense can be said to have been caused to the first respondent by his allocation to the State of Andhra Pradesh.”, the Court added.
Thus the Court allowed the petition and set aside the Order passed by CAT.
Cause Title- Union of India, through the Secretary, Department of Personnel & Training v. Somesh Kumar