- Both were made Group A Officers of State Government in Sep, 2022 by an Executive Notification with retrospective effect which is bad in law
CHANDIGARH: On 25 October, 2022, the Department of Personnel & Training (DoPT) under Union Ministry of Personnel, Public Grievances & Pensions vide issuance of a Notification appointed Dr. Vivek Bharti, Dr. Harish Kumar Vashishth, Dr. Jainder Singh Chhilar and Dr. Brahmjeet Singh Rangi to IAS under Rule 8(2) of the IAS (Recruitment) Rules, 1954 read with Regulation 8 of the IAS (Appointment by Selection) Regulations, 1997 and Rule 3 of the IAS (Probation) Rules, 1954 for the Select List of 2019 in respect of State of Haryana.
Meanwhile, an Advocate at Punjab and Haryana High Court, Hemant Kumar, has questioned the aforementioned appointment in respect of Dr. Vivek Bharti and Dr. Jainder Singh Chhilar by asserting that these both were actually Group B Officers ( and not Group A Officers) of Haryana Government and as such not even eligible ab-initio for participation in the Selection Process for IAS from non-SCS category as per provisions of IAS (Appointment by Selection) Regulations, 1997 ( as amended till date). The above two non-SCS Officers have been made Group A Officers of Haryana Government vide an Executive Notification dated 2 Sep 2022 although with retrospective effect from 7 Oct 2010 which is bad in law.
The Advocate has today written to the President of India, Prime Minister of India, who is incharge of the Ministry of Personnel, Public Grievances & Pensions, which is nodal Ministry of IAS and Secretary, DoPT in this regard.
Pertinent that two years ago, Hemant wrote to Haryana Government raising the point that although on October 7, 2010, the College lecturers in pay band 3 Rs 15600- 39100 with grade pay of Rs 7000/- governed under the Haryana Education (Government College Lecturer Group B) Rules, 1986 were declared as H.E.S.- 1 however subject to certain conditions including that they shall not claim any benefit/facility etc. and there shall be no change in the functions and job assignments as a result of grant of H.E.S.- 1 /Class-1 Status. It was also mentioned therein in the ibid Notification dated October 7, 2010 that necessary amendments in the H.E.S. (College Cadre) Class II Rules, 1986 and H.E.S. (College Cadre) Class I Rules, 1986 will be made separately.
However since till August, 2020 no such amendment was made in the aforementioned Service Rules i.e. till such time, the aforesaid Group B Officers were not legally and officially Group A Officers of the State Government of Haryana since their Service Rules were not duly amended which is a sine qua non under Proviso to Article 309 of Constitution of India.
In the meanwhile, pursuant to issuance of an Advertisement bearing No. 1/2020 by Haryana Public Service Commission (HPSC) dated 20 June 2020, the Higher Education Department in the months of July, 2020 forwarded the names of over 100 Senior Assistant Professors/Associate Professors (earlier termed as senior Lecturers) posted in various Government Colleges situated in Haryana to Personnel Branch (Services-1) Branch under Chief Secretary, Haryana so as to further forward them to Haryana Public Service Commission (HPSC) which was authorised by the State Government to conduct a Written Examination on August 9, 2020 so as to shortlist candidates pertaining to selection process to fill 5 vacant posts in Indian Administrative Service (IAS) under IAS (Selection by Appointment) Regulations, 1997 for the Select List 2019.
Pertinent that since the eligibility condition for aforesaid Selection Process is Group A officer(s) of the Haryana Government with minimum 8 years of regular/continuous service as such, hence over 100 Senior Assistant Professors/Associate Professors (earlier termed as senior Lecturers) posted in various Government Colleges under Higher Education Department, Haryana whose names were forwarded to State Government were not eligible for ibid selection process since they were not then Group A Officer as their Service Rules were not amended so as to make them Group A Officer of State Government in letter and spirit. Moreover, merely Notification bearing No. 22/212/2000- C1(4) dated October 7, 2010 issued by then Financial Commissioner cum Principal Secretary to Government Haryana, Higher Education Department didn't make them Group A (Class 1) officer of State Government since the relevant Service Rules were not amended.
Hemant further asserts that after the HPSC's Written Examination as conducted on August 9, 2020, finally names of total 27 candidates got recommended to the Selection Committee under Chairperson, Union Public Service Commission (UPSC) for interview of which 11 (Ajay Kumar Mann, Hari Om, Dr. Jainder Singh Chhilar, Manisha, Pradeep Kumar, Reena, Rohtas Godara, Dr. Sandeep Mann, Dr. Vivek Bharti, Adarsh Singh Punjeta and Mamta Goyal belonged to the cadre of Senior Assistant Professors/Associate Professors (earlier termed as senior Lecturers) posted in various Government Colleges under Higher Education Department, Haryana. After conduct of interview by the aforementioned Selection Committee, the names of five candidates were finally recommended for appointment against 5 vacancies of IAS under Indian Administrative Service (IAS) under IAS (Selection by Appointment) Regulations, 1997 ( as amended till date) for the Select List 2019 of which two viz. Dr. Vivek Bharti and Dr. Jainder Singh Chhilar belong to Assistant Professors/Associate Professors (earlier termed as senior Lecturers) posted in various Government Colleges under Higher Education Department, Haryana.
Hemant raises the significant point that the Higher Education Department, Haryana by issuance of two
Notifications bearing No. 22/202-2022 C-1(3) dated 2nd September 2022 and that too with retrospective effect from 7th October 2010 cannot duly legalize the recommendation of names of over 100 Senior Assistant Professors/Associate Professors (earlier termed as senior Lecturers) posted in various Government Colleges situated in Haryana to the State Government so as to shortlist candidates pertaining to selection process to fill 5 vacant posts in Indian Administrative Service (IAS) under IAS (Selection by Appointment) Regulations, 1997 ( as amended till date) for the Select List 2019.
Hemant in this appeal cum representation as sent today has urged all concerned authorities to take due cognizance in this matter and order suitable action accordingly including reviewing the appointment of two viz. Dr. Vivek Bharti and Dr. Jainder Singh Chhilar to IAS since both were actually Group B Officers ( and not Group A Officers) of Haryana Government and as such not even eligible ab-initio for participation in the Selection Process for IAS from non-SCS category as per provisions of IAS (Appointment by Selection) Regulations, 1997.