Confederation of Associations on selection of IAS from non-SCS

Even as the Nagaland Civil Services Association (NCSA) has expressed disappointment over the state government’s decision to fill up the vacant IAS post from amongst the non-State Civil Service (SCS) officers, the Confederation of Associations (CoAs) including the Confederation of All Nagaland State Services Employees’ Association (CANSSEA), the Nagaland Secretariat Service Association (NSSA), the Nagaland Finance and Accounts Services Association (NFA&ASC) and the Federation of Nagaland State Engineers Services Association (FONSESA) have sought to explain on selection into the Indian Administrative Service (IAS) from other services i.e. non-SCS.

In a joint press statement, CANSSEA president, Dr. Zase Chusi; NSSA president, Johnny Humtsoe; NFA&ASC president, RN Yanthan, and FONSESA president, Dr. Y Tep, pointed out that selection into IAS was governed by the IAS (Recruitment) Rules, 1954, the IAS (Appointment by Selection) Regulations, 1997 and the IAS (Fixation of Cadre Strength) Regulations, 1955.

The signatories said that Rules 4 (1) (c) of IAS (Recruitment) Rules, 1954 prescribes recruitment: “by selection in special cases from among persons, who hold in a substantive capacity gazetted posts in connection with the affairs of a state and who are not members of a state civil service.”

Also, as per Rules 8 (2), the signatories said “the Central Government may, in special circumstances and on the recommendation of the State Government concerned and in consultation with the Commission and in accordance with such regulations as the Central Government may, after consultation with the State Government and the Commission, from time to time, make, recruit to the Service any person of outstanding ability and merit serving in connection with the affairs of the State who is not a member of the State Civil Service of that State [but who holds a gazetted post in a substantive capacity].”

Further, they pointed out that Rule 9 (1) states “The number of persons recruited under rule 8 in any State or group of States shall not, at any time, exceed 33.33% of the number of senior posts under the State Government, Central Deputation Reserve, state deputation reserve and training reserve in relation to that State or to the group of states, in the schedule to the Indian Administrative Service (Fixation of cadre strength) Regulations, 1955: Provided that the number of persons recruited under sub-rule (2) of the rule 8 shall not at any time exceed fifteen per cent of the number of persons recruited under rule 8.”

In terms of provisions of IAS (Appointment by Selection) Regulations, 1997, the CoAs said the Regulation 4 (1) states that “a non-state civil service officer is eligible to be considered for selection to the Indian Administrative Service, provided he/she- (i) is of outstanding merit and ability and (ii) holds a gazetted post in a substantive capacity and (iii) has completed not less than 8 years of continuous service under state government on the first day of January of the year in which  his case is being considered in any post which has been declared equivalent to the post of district collector in the state civil service and propose the person for consideration of the committee and (iv) has not attained the age of 56 years (amendments to the IAS  Selection Regulations dated March 17, 2015 and the clarification dated March 3, 2015 issued thereto by the DoP&T, Government of India) on the 1st day of January for which the select list is to be prepared.

Relating to the IAS (Fixation of Cadre Strength) Regulations, 1955, which is amended from time to time and reviews the cadre strength for a particular state, the CoAs cited data (see table) that indicated the cadre strength and the percentage for selection of non-SCS in the state of Nagaland.

CoAs stated that as cited (in the table) the non-SCS has been deprived of the prescribed limit for selection into IAS despite the periodical review of the cadre strength.

In the light of the above, the COAs stated that they have asked the government to recommend for allocation of two vacant posts arising from the retirement of inducted IAS officers and within the limits prescribed under Rules.

Meanwhile, the CoAs have acknowledged the state government for advertising the vacancy of one post vide P&AR department vacancy circular dated May 30, 2017 inviting eligible non-SCS officers for the select list 2016 to fill up the vacancy. 

They also thanked the government for the commitment to deliver justice to the non-SCS. The CoAs expressed hope that the constituted cabinet sub-committee (CSC) would expedite the already delayed recommendation “so as to let the recruitment process come to its logical end as per the laid down Rules in letter and spirit.”