CHENNAI: The key post of member-secretary in Tamil Nadu Pollution Control Board (TNPCB) has fallen vacant with the superannuation of the officer on March 31. Now, the question is will Tamil Nadu government comply with the Supreme Court order, which mandated executives of all States to frame appropriate guidelines or recruitment rules to fill-up posts of chairperson and member secretary in State Pollution Control Boards (SPCBs).
The apex court on September 22, 2017, had pronounced a significant judgement directing States to notify recruitment rules within six months, considering the institutional requirements of the SPCBs and the laws laid down by statute, by the Supreme Court and as per the reports of various committees and authorities, and ensure that suitable professionals and experts are appointed to SPCBs.
Sources told Express that hectic lobbying is underway for the member secretary’s post and there is also a likelihood of the previous officer getting an extension. However, as per norms, extension can be given only to an officer while in service, not post retirement.
In a related case filed in Madras High Court by a former IAS officer, MG Devasahayam, who is a social activist, last September, Additional Advocate-General placed on record that government was considering notifying guidelines and “a final decision would be taken within a period of 90 days.”
Devasahayam on Monday wrote a letter to Chief Secretary reminding the government to notify the rules without any further delay. The letter said, “As on date, the Government of Tamil Nadu and the chairman, TNPCB, have not followed up on their commitment to the Hon’ble High Court and are in violation of the order of the Hon’ble Supreme Court by not having notified the rules. This is to request you to ensure that the appointment of the member secretary in this instance, and of the chairperson as and when this need arises, is done in line with the law.”
Activist and environment lawyer M Vetriselvan said the government so far has been making ad hoc appointments and many a time TNPCB chairperson post is held by environment secretary as additional charge, which is the case now.
“Ideally, chairman and member secretary posts should be a full-time job held by persons with requisite qualification and expertise. NGT in its guidelines also spoke against given extension.” In the past couple of years, both NGT and Supreme Court have come down heavily on governments for making appointments “casually” or “without due application of mind”, considering the duties, functions and responsibilities of SPCBs.
In June, 2017, NGT directed the chairpersons of 10 SPCBs to give up their duties, as their appointment did not comply with the guidelines prescribed by the tribunal. Although, Supreme Court has set aside the NGT order saying the tribunal does not have jurisdiction, the apex court agreed that the SPCBs continue to be manned by persons who do not necessarily have the expertise or professional experience.