Chandigarh, Oct 2, 2025 (Yes Punjab News)
Recently, vide an Order issued under the seal and signature stamp of Dr. Sumita Misra, IAS, Additional Chief Secretary (ACS) to Government of Haryana, Home Department, one Alok Kumar Roy, a 1991 batch IPS officer of Haryana cadre, has been granted re-employment after the age of superannuation on 30 September 2025 for a period of 90 days with effect from 1 October 2025.
The ibid Order further mentions that on re-employment, Alok Kumar Roy is posted as Director-General, Prisons, Haryana, Panchkula under Rule 9(1)(a) of the IPS (Cadre) Rules, 1954. The terms and conditions of his re-employment are however yet to be issued.
Meanwhile, Hemant Kumar, an Advocate at Punjab and Haryana High Court and commentator on administrative developments in Haryana, pointed out firstly it must be noted that the term re-employment does not finds mention in IPS (Cadre) Rules, 1954.
He also recalled that over four & half years ago in Jan, 2021, a 1985 batch IPS officer, K.Selvaraj was also granted similar sort of re-employment as Director-General, Prisons for a period of three months by the Haryana Government.
Hemant asserted that Rule 9 of IPS (Cadre) Rules, 1954 pertains to the temporary appointment of non-cadre officer to cadre posts in lieu of the re-employment.
Sub-Rule 9(1)(a) provides 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 cadre officer available for filling the vacancy. However, thereafter the first Proviso mandates that when a suitable cadre officer becomes available, the person who is not a cadre officer, shall be replaced by the cadre officer.
The second Proviso thereafter further stipulates 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 the prior approval of the Central Government for such continuance.
Now, amidst all this, one seriously wonders if in terms of aforementioned Rule 9(1)(a) a retired/superannuated IPS officer too can be considered a non-cadre officer and consequently can be posted on a cadre post.
Noteworthy that post of Director-General Prisons, Haryana is nevertheless a IPS cadre post under Indian Police Service (Fixation of Cadre Strength) Regulations, 1955 for the State of Haryana which were previously fixed & notified in Feb, 2017, quipped Hemant.
Interestingly, apart from Alok Roy, there are total five other IPS officers in Haryana in the rank and pay scale of Director-General of Police (DGP) viz. Muhammad Akil of 1989 batch, Shatrujeet Kapoor of 1990 batch who is currently posted as DGP (Head of Police Force), Sanjeev Kumar Jain of 1991 batch, Ajay Singhal and Om Prakash Singh both of 1992 batch.
Hence, it cannot be said that no suitable cadre officer (read of DGP rank) is not available for filling the vacancy which is nevertheless a key requirement for invoking Rule 9(1)(a) of IPS (Cadre) Rules, 1954
Furthermore, Rule 9(2) of IPS (Cadre) Rules, 1954 provides that a cadre post shall not be filled by a person who is not a cadre officer except in accordance with the three principles. Firstly, if there is a Select List in force, the appointment or appointments shall be made in the order of the names of the officers in the Select List.
Secondly, if it is proposed to depart from the order of names appearing in the Select List, the State Government shall forthwith make a proposal to that effect to Central Government together with reasons thereof and the appointment shall be made only with the prior approval of the Central Government.
Thirdly, if a Select List is not in force and it is proposed to appoint a non-Select List Officer, the State Government shall forthwith make a proposal to that effect to the Central Government together with reasons thereof and the appointment shall be made only with the prior approval of the Central Government.
Now, if re-employment of retired IPS officer Alok Kumar Roy has been made by following either of the aforementioned three principles is however not available in public domain.
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