Kerala High Court Quashes Tenure Extension of KILA DG, Citing Political Appointments
The Kerala High Court has recently annulled the extension of tenure for Joy Elamon as Director General of the Kerala Institute of Local Administration (KILA) [Ramya Haridas v. State of Kerala & Ors.].
Justice Basant Balaji ruled in favor of a petition filed by former Member of Parliament and Indian National Congress leader Ramya Haridas, who challenged Elamon’s tenure extension.
The Court observed that the post, traditionally held by senior IAS officers or qualified professors, is now occupied by individuals with political affiliations to the State government.
“In the early stages of the 2nd respondent [KILA] institute, senior IAS officers or Professors with PhDs from reputed institutions were appointed as the Director General. However, this practice has been diluted, with the State Government now appointing politically committed persons, ignoring the interest of the Institute,” the Court noted.
KILA operates under the Local Self-Government Department of the Government of Kerala. Joy Elamon was initially appointed as Director and later re-designated as Director General in May 2017 for a period of three years. His term was extended multiple times, and on May 15, 2023, a final order allowed 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. When no action was taken, Haridas filed a petition with the High Court, arguing that Elamon’s affiliation with the ruling Left Democratic Front and the extension of his term violated KILA’s Memorandum of Association.
Upon review, the Court found that the Director General of KILA is permitted to serve only until the age of 60. Elamon had surpassed this age on July 4, 2023, making his term extension beyond this date illegal.
“Clause 43 [of the Memorandum of Association] explicitly states that the Director General recruited from the open market can serve only until the age of 60, with reappointment subject to this 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 ruled.
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. In the interim, any competent officer qualified to hold the post should 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.
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