The Kerala High Court recently invalidated the tenure extension of Joy Elamon as Director General of the Kerala Institute of Local Administration (KILA) in the case of Ramya Haridas v. State of Kerala & Ors.
Justice Basant Balaji allowed a petition filed by Ramya Haridas, a former Member of Parliament and Indian National Congress leader, challenging the extension of Elamon’s tenure.
The Court noted that the position, traditionally held by senior IAS officers or qualified professors, was now being filled by individuals with political affiliations to the State government.
“In the early stages of the KILA institute, senior IAS officers or Professors with PhDs from reputed institutions were appointed as the Director General. However, this practice has been diluted, and the State Government has started appointing politically committed persons, ignoring the interest of the Institute,” the Court stated.
KILA is an institution under the Local Self-Government Department of the Government of Kerala.
Joy Elamon was first appointed as Director and then re-designated as Director General in May 2017 for a three-year term. His term was extended multiple times, and on May 15, 2023, a final order was issued directing him to continue as Director General until a permanent appointment was made.
Ramya Haridas and others submitted representations to the Chief Minister challenging Elamon’s term extension. However, no action was taken, prompting Haridas to petition the High Court. She argued that Elamon’s extension violated KILA’s Memorandum of Association and that he was affiliated with the ruling Left Democratic Front.
The Court noted that the Director General of KILA is only allowed to continue in the position until they reach the age of 60. Elamon had turned 60 on July 4, 2023, making his extension beyond this date illegal.
“Clause 43 of the Memorandum of Association explicitly states that the Director General recruited from the open market can only be allowed until the age of 60, and reappointment is permitted subject to age restriction. Therefore, I am of the considered opinion that Ext.P3 cannot stand in the eye of the 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.
The Court quashed the order extending Elamon’s term beyond his retirement date of July 4, 2023, and directed the State government to appoint a new Director General. Until then, a competent officer qualified to hold the post is to be given additional charge.
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.
