Union ministry orders appointment of Haryana officer to IAS on tribunal’s directions

Since he retired on August 31, 2022, from the post of additional director, industries and commerce, the officer cannot be given appointment; Only a member of the state service could be appointed to IAS as per regulations, said DoPT

Following the orders of the Central Administrative Tribunal (CAT), Chandigarh bench, the department of personnel and training (DoPT) under the Union ministry of personnel, public grievance and pensions has ordered the appointment of former Haryana additional director, industries and commerce Ashwani Kumar Gupta to the Indian Administrative Service (IAS) by way of selection.

Ashwani Kumar Gupta on Friday got his first posting as an IAS officer when he was posted as additional managing director, Haryana State Industrial and Infrastructure Development Corporation by the state government. (HT Photo)

Gupta on Friday got his first posting as an IAS officer when he was posted as additional managing director, Haryana State Industrial and Infrastructure Development Corporation (HSIIDC) by the state government.

The state government had put up five vacancies of IAS officers to fill among the non-state civil service (SCS) officers and to prepare a select list for 2019 in accordance with the Indian Administrative (appointment by selection) Regulations, 1997.

Following a written test conducted by the Haryana Public Service Commission (HPSC) in 2020, the state government sent a proposal of 25 non-state civil service officers to the Union Public Service Commission (UPSC) for convening a selection committee meeting for induction in the IAS of Haryana cadre.

As per the CAT order, three meetings of the selection committee were convened by the UPSC in December 2020 and 2021, and names of five non- SCS officers for selection to the IAS from the select list of 2019 were recommended, including the name of Gupta. These recommendations were accepted by the state government in March 2022. The select list was notified on October 25, 2022, and Gupta’s name was at serial number 1.

Simultaneously, another notification was issued on the same date appointing four candidates to IAS against the vacancies determined by the Union government but Gupta’s name did not appear.

On being inquired, Gupta was told that since he had retired on August 31, 2022, from the post of additional director, industries and commerce, he cannot be given the appointment. It was observed that in terms of regulation 8(2) of IAS (recruitment rules), 1954 and rule 8 of IAS (appointment by selection) regulations, 1997, only a member of the state service could be appointed to IAS.

Gupta in his plea before the CAT said the right of appointment to all India service for non-SCS officers flowed only from the date of approval of the recommendation of the selection committee by the UPSC. He contended that he did not receive any information with regard to his appointment to the IAS despite all the formalities having been completed.

The CAT bench said the UPSC did not explain the delay in preparing and approving the select list and the objection raised by the Union personnel ministry that Gupta stood retired, is not maintainable in the eyes of the law, particularly given the order passed by the Supreme Court in Mahesh Chand v/s Union of India.

The bench directed the central government to consider Gupta’s case for appointment to the IAS from the date when the persons below him had been inducted into the IAS cadre with all consequential benefits.

The DoPT on January 23 issued orders to appoint Ashwani Kumar Gupta stating that in pursuance of directions of the CAT bench, the officer is deemed to have been notionally appointed to the IAS cadre of Haryana on the basis of inclusion of his name at serial number 1 in the 2019 select list not later than his immediate junior, Vivek Bharti, appointed to IAS from the same select list of October 25, 2022, with consequential benefits.