Hc Issues Notice To Centre, Legal News, ET LegalWorld – Legal Firms


Chandigarh: The Punjab and Haryana high court on Monday issued notice to the Centre and the Haryana government on a plea filed by a Haryana government officer, now retired, who was recommended for elevation to the Indian Administrative Service (IAS) through nomination from the non-state civil services officers, but was not issued an appointment letter for joining as an IAS officer.

The candidate, Ashwani Kumar Gupta, was among the five officers of Haryana government’s Group-A service who were recently recommended for the IAS post, but he was not permitted to join as he had retired from the state government service on August 31.

However, Gupta, in his plea before the HC, contended that he had qualified the written test, interview and finally came in the merit for selection as IAS officer of 2019 batch, but he cannot be denied the job merely because the final result could not be notified before his superannuation from Haryana government job at the age of 58. He has also pleaded that since the retirement age of IAS officers is 60 years, there is no legal impediment in him joining as an IAS officer.

Aggrieved by this, he had moved the high court, submitting that he had already gone through the complete selection process and would retire on August 31, 2024, in case he was permitted to join the IAS.

In June 2020, the Haryana government through the Haryana Public Service had invited applications from the Group-A officers of the state for nomination into the IAS directly from the state quota. The entire selection process had taken more than two years, and finally on October 25, 2022, the government notified the select list of 2019 and recommended five names for elevation to the IAS.

In his plea, which came up for hearing before Justice Rajbir Sehrawat of the HC on Monday, Gupta argued that he had already approached the central administrative tribunal (CAT) for speeding up the process of selection so that he may not be deprived from selection. His counsel contended that since his plea was already pending, his superannuation may not come in way or create any hindrance in his appointment as IAS and his case may be considered separately and expeditiously. “During the pendency of his plea he retired and his apprehension of denial of appointment has come true…,” his counsel had contended.

The matter has now been fixed for November 30 for further hearing.


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