Rules on fixed tenure for babus not adhered to by states

Existing rules, which provide for two-year fixed tenure for bureaucrats and act as shield against undue political pressure, are not being adhered to by many state governments and union territory administrations.

The Indian Administrative Service (Fixation of Cadre Strength) Regulations, 1955, mandates cadre-wise minimum fixed tenure.

‘The rules clearly state fixed tenure for bureaucrats. There are post-wise fixed tenure mentioned for officers to work under state governments’ jurisdiction. But it lacks adherence from them,’ a senior official of Department of Personnel and Training (DoPT) said.

He said the officers were particularly happy with Thursday’s Supreme Court judgement favouring fixed tenure for civil servants.

‘The apex court verdict will help in ensuring free and fair working by bureaucrats and check undue harassment,’ the official said.

For Arunachal Pradesh-Goa-Mizoram-Union Territories (AGMUT) cadre, a fixed tenure of two years has been stipulated under the rules for officers at all levels except for chief secretaries to respective state governments and union territories.

The chief secretary, who is the senior-most officer under the cadre, usually gets to serve till he attains the age of superannuation.

The rules mandate minimum fixed tenure for officers in Jammu and Kashmir, Haryana, Jharkhand, Karnataka, Manipur- Tripura, Nagaland, Odisha, Sikkim, Himachal Pradesh, Jharkhand, Karnataka, Andhra Pradesh, Chhattisgarh and Uttarakhand.

The rules, however, do not specify fixed tenure for officials in Uttar Pradesh, Gujarat, Madhya Pradesh, Rajasthan, Maharashtra, Assam-Meghalaya, Bihar, West Bengal, Kerala, Punjab, Tamil Nadu and Uttarakhand.

‘The rules are formed in consultation with state governments. Some of the state governments are hesitant in giving approval for fixed tenure for bureaucrats,’ the official said.

Other than these rules, there have been recommendations from other commissions and committees on having a fixed tenure for bureaucrats as well. 

The Fifth Central Pay Commission, set up in 1997, had also advocated the constitution of a high-powered Civil Services Board both at the Centre and the states. It had recommended that the findings of the Civil Services Board are to be accepted invariably and in case of disagreement the entire proceedings should be laid on the table of the House.

It had recommended fixation of minimum tenure for each post and said that no premature transfer should be allowed.

‘Short tenures in key positions, particularly in the state governments is often cited as a major reason for the shortcomings in the system of governance. The government's inherent right to transfer a civil servant needs to be balanced against the requirement of stable tenures to ensure effectiveness and the need for independence in law-enforcing posts.