IAS (CADRE) RULES, 1954 DOESN’T EXPLICITLY PERMIT RE-EMPLOYMENT TO RETIRED IAS BY STATE GOVT BUT RATHER ONLY ALLOW TEMPORARY APPOINTMENT OF A NON-CADRE OFFICER TO CADRE POST FOR MAXIMUM THREE MONTHS – ADVOCATE HEMANT KUMAR 

Mukesh Kumar Ahuja

In a significant administrative decision, the Haryana Government has granted a three-month re-employment to 2009-batch IAS officer Mukesh Kumar Ahuja (who however not a direct IAS recruit but one who got promoted from State Civil Services- HCS to IAS in May, 2019), on the very day of his retirement. According to an order issued by the Personnel Department under the Chief Secretary’s office, Ahuja, who retired on March 31, 2026, has been re-appointed in public interest from April 1 to June 30, 2026.

During this period, Ahuja will continue to serve as Chief Administrator of the Haryana State Agricultural Marketing Board and Secretary of the Haryana Public Service Commission (HPSC), positions he has held for the past three years.

Legal Interpretation Sparks Debate

Hemant Kumar, an advocate at the Punjab and Haryana High Court and an expert in administrative matters, explained that the state government can invoke Rule 9(1) of the IAS (Cadre) Rules, 1954, to retain a non-cadre officer on a cadre post for up to three months without prior approval from the Central Government.

He clarified that a retired IAS officer may be technically treated as a “non-cadre” officer, thereby enabling such short-term re-employment. However, this is not considered an extension of service but falls under the category of re-employment.

No Explicit Provision for Re-employment

Hemant pointed out that the IAS (Cadre) Rules, 1954 do not explicitly provide for granting re-employment to retired IAS or IPS officers, even for a short duration of three months. Rule 9 primarily deals with temporary appointment of non-cadre officers to cadre posts, not with post-retirement reappointments.

He further emphasized that the rules mandate that once a suitable cadre officer becomes available, the non-cadre officer must be replaced. Additionally, if such an appointment is to continue beyond three months, prior approval from the Central Government is mandatory.

Questions Over Appointment to Permanent Posts

Another key issue raised is that the posts held by Ahuja—Chief Administrator of the Haryana State Agricultural Marketing Board and Secretary of HPSC—are permanent cadre posts, not temporary ones. This has led to questions about whether appointing a retired (non-cadre) officer to such positions aligns with the intent of the cadre rules.

Precedents Exist

This is not the first instance of such a decision in Haryana. In September 2025, 1991-batch IPS officer Alok Kumar Roy was granted a three-month re-employment as Director General of Prisons after retirement. Similarly, in 2019, 2002-batch IAS officer Sameer Pal Srow was re-appointed for three months post-retirement.

Hemant recalled that that the practice of granting short-term re-employment to retired IAS in Haryana dates back to then Bhupinder Hooda led Congress dispensation and continues to be followed till date albeit raising eyebrows.