HOWEVER HPSC MEMBERS GETTING PAY WITH PROVISION OF ANNUAL INCREMENT NOT APPROPRIATE -- ADVOCATE HEMANT, IN CASE OF UPSC, BOTH CHAIRMAN & MEMBERS ARE GETTING FIXED SALARY 

Face2News/Chandigarh

On Monday the Governor of Haryana Bandaru Dattatraya administered Oath to Mamta Yadav as Member of Haryana Public Service Commission (HPSC). 

Meanwhile, an Advocate at Punjab & Haryana High Court, Hemant Kumar, while sharing an interesting point told that although HPSC as well as Union Public Service Commission (UPSC) both are

Constitutional Bodies set up under Article 315 of Constitution of India but in the Third Schedule to the Constitution which relates to Forms of Oaths and Affirmations, there is no mention or proforma of Oath of Office or Affirmation to be administered to Chairperson and Members of UPSC or any of any State Public Service Commission alike HPSC. In case of UPSC, the President of India doesn't even administer Oath to either Chairperson and Members of UPSC but rather they themselves do so to each other in consonance with the draft of the Oath as framed by the Central Government via its specially made Regulations. 

Pertinent that in June, 2021 the ruling Khattar Government in Haryana reduced strength of Members in HPSC from erstwhile 8 to 5 by making amendment in HPSC (Conditions of Service) Regulations, 2018. Interestingly, it was the same Government which increased the strength of members in HPSC from 6 to 8 in the year 2015.  Meanwhile Hemant asserts that HPSC Regulations of 2018 were framed by repealing the earlier framed similar regulations of 1972 under Article 318 of the Constitution of India. in Dec, 2018 although they came into force retrospectively with effect from 1st Jan 2016.

Meanwhile, Hemant said that with the appointment of Mamta Yadav as fifth Member of HPSC, the strength of HPSC has been completed. Currently, apart from Chairperson, there are five sanctioned posts of Members in HPSC. The Chairperson Alok Verma, is a voluntarily retired IFS (Indian Forest Service) officer while four other Members are Dr. Pawan Kumar, Anand Kumar Sharma, Jyoti Bainda and Rajinder Kumar. The fifth post of Member as filled by Mamta Yadav was lying vacant for the past over four months. The Chairman and Member of HPSC both are appointed for a period of six years or till he/she attains the age of 62 years, whichever is earlier 

Pertinent that in June, 2021 the ruling Khattar Government in Haryana reduced strength of Members in HPSC from erstwhile 8 to 5 by making amendment in HPSC (Conditions of Service) Regulations, 2018. Interestingly, it was the same Government which increased the strength of members in HPSC from 6 to 8 in the year 2015.  

Meanwhile Hemant asserts that HPSC Regulations of 2018 were framed by repealing the earlier framed similar regulations of 1972 under Article 318 of the Constitution of India. in Dec, 2018 although they came into force retrospectively with effect from 1st Jan 2016.

Immediately, Hemant then wrote to then Governor, Chief Minister, then Chief Secretary DS Dhesi (now Chief Principal Secretary to CM) objecting over provision for Increment linked Pay to HPSC Members alike Principal Secretary to State Government in HPSC Regulations of 2018

but till date no reply has been received. Pertinent that the Chairman of HPSC gets Pay equal to that of State's Chief Secretary. 

Hemant wrote that as per IAS (Pay) Rules, 2016 Chief Secretary is placed in Level 17 in Pay Matrix whereas Principal Secretary is placed in Level 15 in Pay Matrix. In Level 17, the pay is fixed at Rs 2,25,000 per month whereas in Level 15, it ranges from Rs 1,82,200 to Rs 2,24,100. 

Thus, Chairman of HPSC receives a fixed Pay equal to that of Chief Secretary i.e. Rs 2,25,000 (excluding allowances) but in respect of other Members, their Pay without allowances is not fixed and as per Regulation 7(3) of the above 2018 HPSC Regulations, the Members even get an annual increment just like regular Government officers/officials.

The Advocate resents that it is not constitutionally appropriate although not illegal per se to fix the Pay/Salary of Member of a Constitutional Commission (HPSC) at par with that of Principal Secretary level officer of State Government whose Salary is not fixed and such the Member would too get Pay with annual increments alike an IAS Officer of such rank.

Hemant asserts that although it is prerogative of State Government to decide upon quantum of Pay/Salary admissible to Members of State PSC by prescribing the same in Regulations framed under Article 318 of Constitution but it would be wiser if their Pay (excluding allowances) is determined as fixed as is the case with members of UPSC where as per UPSC (Members) Amendment Regulations, 2017 the Pay of Chairman is Rs 2,50,000 and of Members Rs 2,25,000, thus both being fixed. He says even in erstwhile HPSC Regulations of 1972, the Pay (remuneration) of HPSC Chairman and Members used to be fixed which was although increased from time to time by successive state governments by duly amending then prevailing HPSC Regulations.