CAT directs Haryana, UPSC to induct officer who retired in 2022 into IAS cadre

Ramkrishan Upadhyay

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Chandigarh, December 23

The Central Administrative Tribunal’s Chandigarh bench has directed the Central and Haryana governments, and Union Public Service Commission (UPSC) to consider the case of Ashwani Kumar Gupta for appointment to IAS cadre from the date when people below him in merit had been inducted into the cadre with all consequential benefits.

In 2022, Gupta retired as additional director of Industries Department in Haryana.

The bench has further directed that the exercise be done within a period of four weeks from the date of receipt of a certified copy of this order.

Gupta approached the Tribunal alleging that though he was selected as an IAS officer from the non-state civil services officers’ quota of Haryana, he was not given an appointment letter for the coveted job.

Gupta alleged that he was not permitted to join as an IAS on the grounds that he had already been retired from the state government service on August 31, 2022.

Gupta’s arguments were that he had qualified writing test, interview and finally came in the merit for selection as IAS officer of 2019 batch. He cannot be denied the job merely because the final result could not be notified before his superannuation from Haryana government job on attaining 58 years age.

He had also pleaded that since the retirement age of IAS officers is 60, there was no legal impediment on him joining as an IAS officer.

Gupta argued that while four others were issued appointment letters, he was not given the same. He submitted that he had already gone through the complete selection process and was selected for the post. He prayed before the bench that the respondents’ decision for not allowing him to join as IAS was illegal, arbitrary and discriminatory.

He prayed for quashing of the order. He said before the final outcome of the process of selection, he got retired from the state government service on August 31, 2022 on attaining the age of superannuation ie 58 years. Hence, it is clear that had the selection process been completed, he would have retired on August 31, 2024 at the age of 60 years as per the age criteria fixed for IAS officers. He said he cannot be punished for delay in the selection process caused by the respondents.

After hearing of the arguments, the bench said other people, who were below him in the Select List, have been given appointment in the IAS cadre and the applicant has been ignored that was arbitrary and illegal.

The bench said the applicant has relied upon the order passed by the respondents wherein the Select List for 2012-2013, the respondents have considered few officers even after retirement.

So, non issuance of appointment to the applicant by the respondent department is arbitrary, the bench said, adding that the objection raised by the respondent that the applicant stood retired was not maintainable in the eyes of law.

The respondents were directed to consider the case of the applicant for appointment to IAS from the date when the people below him had been inducted into the IAS Cadre with all consequential benefits, it said in its order the state, Union Ministry of Personnel Public Grievances and Pensions and the UPSC.

‘Arbitrary, illegal’

• Applicant Ashwani Kumar Gupta approached the Central Administrative Tribunal (CAT) alleging though he was selected as an IAS officer from non-state civil services officers’ quota of Haryana, he was not given an appointment letter.
• The CAT said other people, who were below Gupta in the Select List, have been given appointment in the IAS cadre and the applicant has been ignored that was arbitrary and illegal.