The Department of Personnel and Administrative Reforms of the Central government, being aware of the serious ramifications of the continuing violations of the tenure/transfer policies, had convened a meeting of the state chief ministers in 1997 and had the PM advise the CMs to entrust decisions regarding postings, appointments and transfers of officials to Civil Services Boards which would be chaired by the state chief secretaries.

From the reports so far available, the CMs are unwilling to yield authority to shift employees at their will, whether to provide for functionaries who belong to given castes, communities or affiliation groups or merely to replaceexisting incumbents by more pliant elements to see that their day-to-day political objectives get promptly implemented without excessive regard to policies, rules or the law.

Mohsina Begum, an auxilliary nurse-cum-midwife (ANM) posted at Amroha, was recently transferred to Sambhal, in UP. She challenged her shift through a writ petition, alleging that she was moved merely to appease the UP minister for cane development and sugar mills. It is indeed most heartening that the Allahabad High court has directed the state chief secretary to submit to it a scheme to ensure that the transfers/postings of functionaries of the state are excluded from political interference, observing that such powers should be exclusively exercised by the senior officials of the concerned departments.

Recalling the Constitutional provisions relating to the management of the public services under the Union and the State, the court has lamented that ``whenever a new government is formed, there is a tidal wave of transfers ofgovernment servants on the basis of caste or community or monetary considerations'' leading to ``total demoralisation of the bureaucracy and its division on caste and communal basis, besides spread of corruption'' and ``breakdown of all norms of administration''.

The Allahabad high court order has far-reaching implications. By all accounts, the state government shall engender all possible reasons for not carrying out the judicial direction. It remains to be seen whether efforts will succeed to have this order fully set aide or diluted. Obviously, the chief secretary cannot present any scheme even marginally adhering to the high court's directive without the approval of the chief minister and/ or the state cabinet.

It is not known whether the Central Administrative Reforms Department can join the proceedings to ensure that the high court order is sustained. Adhering to the procedures involved, they should even seek to obtain a clear direction of the Supreme Court to lay the basis for the non-politicalmanagement of the public services in the states, not merely in UP.

Selective transfers

Talking about the crucial need of promotions/transfers being carried out on an objective basis, the problem has affected even the superior judiciary. In a landmark judgment of 1993 the Supreme Court had laid down the basis and modalities of appointing/promoting/transferring judges, which were accepted by the government. Recently, however, there was a stand-off between the Union Government and the Chief Justice of India over a panel of judges recommended to be transferred/promoted.

Consequently, the President made a reference to the Supreme Court to see its opinion in the matter. While the attorney general and some of the best-known counsels in the country have recently concluded presenting the opinion of the Union, the states, the bar and others concerned to the Supreme Court bench hearing the matter, the full court of Rajasthan high court has decided to invite about 450 judges of all the state high courts toattend a conference to debate the legitimacy of the existing transfer policy and the manner of its implementation.

As reported, the dissatisfaction relates to the lack of transparency and resort to ``selective transfers'' to ``favour and sometimes to penalise the incumbent''. Whatever be the final outcome of the Presidential reference to the SC, it stands established that one and all, from the lowest echelons of the civil services to the highest in the judiciary, are aggrieved about the basis and manner in which appointments/transfers are being transacted by the concerned authorities in the states and at the Centre.

Rights & duties

In recent years there has been ever-increasing focus on the government's obligation to ensure the protection of human and fundamental rights. The extent to which this enlarged attention is actually contributing to the reinforcement of human rights still remains to be known. It is, however, abundantly clear that the activism in this arena has definitely resulted inenhancing consciousness of ``rights'' on all fronts.

Recently, a senior Haryana IAS officer petitioned the Punjab and Har-yana Court and succeeded in having the state government directed to provide him with an airconditioned staff car, on the basis that such was the entitlement of his rank! In the past, a demand of this nature, much less a legally pressed claim, would have been inconceivable. It is obvious that in the race for securing ``rights'' there is no unnecessary awkwardness about the total neglect of ``duties''.