While giving three weeks’ time to the government to file its reply, the CAT bench consisting Gautam Rai and Shantappa, has scheduled the hearing for March 6.

Petition
The CAT issued notices in the petition filed by Additional Chief Secretary and BDA Chairman Dilip Rau challenging the February 6 order of the government appointing Sudhakar Rao as Chief Secretary.

Rau, who is a 1972-batch IAS officer and senior to Rao, has sought the quashing of the February 6 order and his appointment as Chief Secretary. Subramanya Jois, counsel for the petitioner, argued that the State government had violated Articles 14 and 16 of the Constitution by appointing Rao as Chief Secretary overlooking the seniority of IAS offices Falguni Rajkumar, Neerja Rajkumar and the petitioner.

Based on seniority
Moreover as the Chief Secretary’s post is a selection grade post, as per All India Service rules, the appointment for the post should necessarily be on the basis of merit or seniority.

“Under which provision of law is Sudhakar Rao appointed the Chief Secretary? How can he alone be chosen when there are seniors to him?” counsel asked.

He said following media reports that steps were being taken to appoint Rao replacing P B Mahishi, the petitioner and three other IAS officers had made a representation to the Union government. “But their plea was not considered,” he stated.

When a CAT member wanted to know how the petitioner is an aggrieved party and why other “aggrieved officers” have not challenged the decision of the government, Jois replied that Rau is senior to Rao and as per service rules, the seniority should be taken into account while making appointments to any government post.
Insofar as other aggrieved IAS officers challenging the order was concerned, it was left to them to decide, he stated.

When Jois pleaded for including outgoing Chief Secretary P B Mahishi as a respondent, the CAT questioned such action. Following this, the advocate deleted the name of Mahishi.