State appointing politically committed persons: Kerala High Court quashes tenure extension of KILA DG

The Kerala High Court recently quashed the extension of tenure of one Joy Elamon as Director General of the Kerala Institute of Local Administration (KILA) [Ramya Haridas v. State of Kerala & Ors.].Justice Basant Balaji allowed a petition moved by former Member of Parliament and Indian National Congress leader Ramya Haridas challenging Elamon's tenure extension.Pertinently, the Court observed that the post which used to be occupied by senior IAS officers or qualified professors was now being occupied by those who are politically affiliated with the State government."In the early stages of the 2nd respondent [KILA] institute, senior IAS officers or Professors with PhD from reputed institutions were appointed as the Director General of the 2nd respondent [KILA]. However, the practice has been diluted, and the State Government has started appointing politically committed persons, ignoring the interest of the Institute," the Court said..KILA is an institution under the Local Self-Government Department of the Government of Kerala.Joy Elamon was first appointed as its Director and then re-designated as its Director General in May 2017 for a period of two 3 years. His term was extended several times and on May 15, 2023, a final order was issued directing him to continue as Director General until someone permanent is appointed to the post. Ramya Haridas and a few others submitted representations before the Chief Minister challenging the extension of Elamon's term. However, no action was taken on the representations prompting Haridas to move the present petition before the High Court. She argued that Elamon was affiliated with the ruling Left Democratic Front and that the extension of his term violated KILA's Memorandum of Association. .Upon examining the same, the Court noted that the Director General of KILA is only allowed to continue in the post until they reach 60 years. However, Elamon had crossed 60 years on July 4, 2023. The Court stated that this makes the extension of Elamon term beyond July 4, 2023 illegal."Clause 43 [of the Memorandum of Association] states explicitly that the Director General recruited from the open market can be allowed only until he has attained the age of 60 years, and reappointment is permitted subject to age restriction.... Therefore, I am of the considered opinion that Ext.P3 cannot stand in the eye of law, to the extent it allows the 4th respondent to hold the office beyond the age of 60 years and Ext.P3 stands quashed to that extent", the Court said in its judgment. It, accordingly, quashed the order extending Elamon's term beyond his date of retirement, that is July 4, 2023. The Court also directed the State government to take steps to appoint a new Director General. Until such time, any competent officer who is qualified to hold the post is to be given additional charge of the office of Director General..Ramya Haridas was represented by advocates Abraham P George, M Rajendran and M Santhy.Joy Elamon was represented by advocate VA Muhammed.Senior Government Pleader Mary Beena Joseph appeared for the State..[Read Judgment]