Kerala: Rules went for a toss in KIIFB CEO appointment

THIRUVANANTHAPURAM: The appointment of the incumbent CEO of Kerala Infrastructure Investment Fund Board (KIIFB), KM Abraham, was in violation of rules and precedence despite the tall claims by the state government about transparency in its functioning.
As per Kerala Service Rules (KSR) and subsequent government orders, when a retired person is re-employed by the government, he cannot draw a maximum pay more than the difference of his last drawn salary and basic pension for which he is entitled to. As per Sections 99 and 100 of KSR, a person cannot avail pension while being employed in the government. Abraham, meanwhile, has been given pay and perks equal to his last drawn pay while he was serving the government as chief secretary (approximately Rs 2.75 lakh/month) in addition to his statutory pension (approximately Rs 1.40 lakh/month), which is againstrules for appointment of retired officials. He has also been offered an annual increment of 10% for the three-year appointment.
In a note circulated to KIIFB employees Saturday, Abraham said he had chosen not to be "re-employed" under the government but was "on contract", indirectly meaning that he is not bound by the KSR.
KM Abraham denies any violation
Interestingly, the contract clause seems to be applicable only for Abraham as at least six other senior civil servants, who work with the government post-retirement, are being offered remuneration as specified in KSR. They are not drawing pension as the nature of job is ‘re-employment’.
Interestingly, the contract appointment of Abraham also violates another order issued by Abraham himself as additional chief secretary (finance). As per a circular on appointment and fixation of pay of contract employees in grant-in-aid institutions, “a transparent recruitment procedure in compliance of the required formalities, including the reservation norms, shall be followed”.
However, in the case of Abraham, the government had issued an order on December 30, 2017, a day prior to his retirement, appointing him as KIIFB CEO without following any competitive procedure or offering any level-playing field to those qualified to be appointed in the post.
Also, the government issued an order stating that he would also be the ex-officio secretary of finance (infrastructure) department, a rank with which he is issuing orders for KIIFB, including providing permission to KIIFB for availing Rs 500 crore as loan from Indian Bank and offering government guarantee for the same. Senior government sources said a contract employee acting as a government secretary is ‘unprecedented and irregular’.
On October 19, 2016, Abraham, serving as finance additional chief secretary, issued an order asking all departments to follow the re-employment rules specified by the finance (pension) department, which says a re-employed person can’t draw pension and salary together. This order also went for a toss in his case.
Congress MLA V D Satheesan said there was a clear procedural and legal violation of rules and regulations. “Signing government orders as exofficio secretary and drawing higher salary and perks as a contract employee is legally and morally wrong,” he said.
Abraham, however, denied any violation in his appointment, saying as after retirement, if the government feels that his services are still required for the government, it will be on his terms. “It is true that there are some procedures for contract employment, but, it is for the government to decide, in which I have no role to play,” he said.
He said the orders he issues as secretary to government are technical. “It is only by virtue of my position as KIIFB CEO that I am also the ex-officio secretary to the government. That does not make me secretary to government or give me powers of a secretary,” he said.