Guwahati: The continued role of retired Indian Forest Service (IFS) officer MK Yadava as Assam’s Special Chief Secretary (Forest) has triggered a fresh political and legal debate, particularly after the Model Code of Conduct (MCC) came into force on March 15 ahead of the April 9 Assembly elections.
Opposition parties, led by the Assam Congress, have questioned the legality of the arrangement, calling the appointment “political” and “invalid”. They argue that re-engaging a retired All India Service officer in a senior position with full administrative and financial powers contravenes central government rules.
Yadava, a senior forest officer who served as Principal Chief Conservator of Forests (PCCF) and Head of Forest Force (HoFF), retired on February 29, 2024. The very next day, on March 1, 2024, the Assam government re-engaged him as Special Chief Secretary for a one-year term.
The Assam Cabinet later approved an extension of his tenure during its February 21–22, 2025, meeting, allowing him to continue from March 1, 2025. The extension granted him full administrative and financial authority over the department, including the power to approve budgets and take policy decisions.
However, the arrangement has come under sharper scrutiny in recent months. Critics have also pointed to allegations related to forest land diversions and other irregularities during his tenure. In July 2025, the Union Ministry of Environment, Forest, and Climate Change reportedly directed legal action against Yadava for alleged violations of forest conservation laws.
The debate has intensified further with elections approaching.
According to the All India Services (Death-cum-Retirement Benefits) Rules, 1958, and guidelines issued by the Department of Personnel and Training (DoPT), retired officers of the All India Services — including the IFS — may be re-employed in the “public interest” up to the age of 65 or for a maximum of five years.
Such engagements are generally contractual, with pay fixed after deducting pension, and require Cabinet approval along with justification that no suitable serving officer is available.
Cadre posts, particularly those at the level of Chief Secretary or equivalent, are regulated by Rule 9 of the Indian Administrative Service (Cadre) Rules, 1954.
In a letter to the Election Commission of India (ECI), activist Dilip Nath argued that retired officers, treated as “non-cadre”, should not occupy positions meant for serving AIS officers. Moreover, he cannot be given full administrative and financial powers.
Nath urged the Election Commission to examine the legality of the appointment during the election period.
In 2025, Debabrata Saikia, the Leader of the Opposition in the Assam Assembly, had demanded a High Court-monitored probe into the matter. He claimed the decision undermines DoPT norms and sends what he called a “malefic signal” to officers in service.
The controversy has also spilled onto social media. In a post on X, activist Rohit Choudhury questioned how a retired officer could continue to head a key department during the Model Code of Conduct.
“How can someone who superannuated more than two years ago function as Special Chief Secretary with full administrative and financial powers during the Model Code of Conduct? Does the Election Commission allow political and contractual appointees to head government departments during MCC?” he wrote.
This is not the first time the issue has reached the Election Commission. During the 2024 Lok Sabha elections, the Asom Jatiya Parishad (AJP) had approached the poll panel seeking action against Yadava’s appointment. The regional party, however, said it did not receive any response from the Commission.
In his letter to the Election Commission, Nath argued that the re-engagement order was linked to the previous Cabinet and should not continue once the Model Code of Conduct comes into force. He urged the Commission to declare the position vacant during the election period.
The Assam government, however, has defended the arrangement. A senior official said the Model Code of Conduct bars fresh appointments, transfers, or promotions during elections without prior clearance from the Election Commission, as such actions could influence voters.
However, the official added that the code does not affect incumbents or extensions granted before the MCC came into force.
“Yadava’s extension was approved in February 2025, well before the MCC was imposed. Therefore, he can continue to discharge routine administrative responsibilities, including financial and policy decisions necessary for governance,” the official said.