RULE 9 OF IAS (CADRE) RULES, 1954 ALTHOUGH ALLOWS TEMPORARY APPOINTMENT OF NON-CADRE OFFICER TO CADRE POST BUT IF A SUPERANNUATED IAS TOO ALSO BE TREATED AS NON-CADRE OFFICER REMAINS TO BE EXAMINED, SAYS HIGH COURT  ADVOCATE  

In an interesting although not unprecedented administrative move, Haryana Government recently granted three-months re-employment ( not extension) to 2009-batch IAS officer Mukesh Kumar Ahuja consequent upon his superannuation from service on 31 March 2026. 

Pertinent that Ahuja, not a directly/regular recruit (R.R.) IAS but originally a State Civil Services (read Haryana Civil Service-Executive Branch- HCS-EB of 1997 batch) officer who got promoted to IAS in May, 2019 (thereafter allocated IAS batch year/seniority of 2009) has now been

re-appointed in service post-superannuation by State Government for three months i.e. with effect from April 1, 2026 to June 30, 2026.

After re-appointment in service, Ahuja continues to be posted on his hitherto held twin assignments viz. principal charge as Chief Administrator of Haryana State Agricultural Marketing Board (HSAMB) with additional charge of Secretary, Haryana Public Service Commission (HPSC)—both posts he has held for the past three years. 

Interestingly, even after passage of five days till date, however the Order pertaining to three months re-employment granted to Mukesh Ahuja, IAS (Retd.) by Haryana Government is yet to be put in public domain ( read not uploaded on official website of Chief Secretary, Haryana) by the Personnel (& Training) Department of Haryana Government for the reasons best known to the concerned officers/officials. 

Be that as it may, providing legal insight into the matter, Hemant Kumar, an Advocate at Punjab and Haryana High Court and a regular commentator on administrative affairs and developments in Haryana, asserted that although the ibid re-employment Order is yet to be available publicly, however if one goes by what happened in the past too, it seems that Haryana Government must has exercised power under Rule 9(1) of the IAS (Cadre) Rules, 1954 to grant three months re-employment to Mukesh Ahuja, IAS (Retd.). 

Noteworthy that Rule 9 of the IAS (Cadre) Rules, 1954 deals with temporary appointment of a non-cadre officer to cadre posts and sub-section(1)(a) therein stipulates that a cadre post in a State shall not be filled by a person who is not a cadre officer except if there is no suitable officer available for filling the vacancy. It has been provided that when a suitable cadre officer becomes available, the person who is not a cadre officer, shall be replaced by the cadre officer. 

Further, it is also provided that if it is proposed to continue the person who is not a cadre officer beyond a period of three months, the State Government shall obtain prior approval of the Central Government for such continuance. 

Now, amidst all this, one seriously wonders if amongst all other working IAS cadre officers in Haryana, there is no suitable officer who is suitable to be posted on the cadre post on which Ahuja has been posted post-retirement his retirement from IAS by Haryana Government after engaging him on re-employment for three months.

Hemant argues that that while Rule 9(1) allows temporary appointment of non-cadre officer to IAS cadre post in the absence of suitable cadre officer(s), this rule cannot be interpreted or stretched in such a way so as to also treat a retired IAS as also non-cadre officer thus facilitating posting of such superannuated officer on a IAS cadre post by grant of post-retirement even it if for a period of three months. 

The Advocate also clarified that such extra-statutory devised arrangement of “re-employment” is nevertheless distinct from “extension of service”, which however requires prior approval from the Central Government and is governed by separate provisions. Last year in June, 2025. incumbent Chief Secretary of Haryana, Anurag Rastogi ( 1990 batch) whose retirement from IAS was although scheduled on 30 June 2025 was however granted a year of extension in service (IAS) till 30 June 2026 by the Central Government via invoking Rule 3 of All India Services (Conditions of Services- Residuary Matters) Rules, 1960 

Hemant emphasized that Rule 9(1)(b) of IAS (Cadre) Rules, 1954 also provides that such arrangement is permissible if the vacancy (means the cadre post on which appointment of non-cadre officer has been made) is not likely to last for more than three months.

Now, both the posts currently held by Ahuja viz. Chief Administrator of HSAMB as well as Secretary, HPSC—are regular (permanent) posts and not temporary vacancies especially the latter which is specifically IAS senior scale cadre post under IAS (Fixation of Cadre Strength)Regulations, 1955. 

Further on Rule 9(2) of the IAS (Cadre) Rules, 1954, Hemant explained that:

Appointments of non-cadre officers on IAS cadre posts must follow the order of names in the Select List, where applicable.

Any deviation requires prior approval of the Central Government.

In the absence of a Select List, appointments of non-cadre officers require justification and prior Central Government approval.

In conclusion, the re-appointment of Mukesh Ahuja, IAS (Retd) post his superannuation has again brought into focus the interpretation and application of IAS (Cadre) Rules, 1954 by the Haryana Government particularly regarding whether a retired IAS officer can be validly treated as non-cadre officer and appointed to a cadre post, even if it is for a limited period of three months.