Secretary-general Ekachai Warunprapa said yesterday that he had not seen any Cabinet request for the EC's approval.

Article 215 of the Constitution states that an outgoing Cabinet, "shall not exercise its power to appoint, transfer or dismiss a government official holding a permanent position or receiving a salary or an official of a state agency or state enterprise, except with the approval of the Election Commission".

The Interior Ministry explained to the Cabinet that the appointments were part of routine personnel changes, seven of them involving replacements to fill vacant seats and the six others involving promotions, deputy government spokesman Danuporn Punnakanta said yesterday.

Caretaker Prime Minister Thaksin Shinawatra chaired his first Cabinet meeting after returning from "a break from politics".

Danuporn Punnakanta said Pongpayome Vasaputi, a ministry inspector-general, would take up the position of a deputy permanent secretary.

Vithaya Pinthapataya has been appointed Phayao governor, Chumporn Pholrak will become Saraburi governor, Udom Puasakul will take up the post of Chiang Rai governor and Torpong Amphan will serve as Phetchabun governor.

Kanin Boonsuwan, a Constitution expert said the caretaker government cannot approve the transfer of 13 civil servants and provincial governors.

"The move is illegal and unconstitutional. A caretaker government is not entitled to do so because it would unfairly give an edge to the government ahead of the next election unless it receives the approval from Election Commission," Kanin said.

"However, the EC cannot make a quorum because of the resignation of some of its members," he said.