Haryana Government has started examining legal aspects of promotions in 2018 of six IPS officers of the 1994 batch and the recent promotion of four IPS officers of the 1996 batch in view of the allegations that the promotions were done despite the “non-availability of vacancies”
Though the promotions of the IPS officers fall under purview of the state, the Union Home Ministry (MHA) being the controlling authority had issued promotion guidelines all state cadres ostensibly “to establish a uniform procedure for promotion of IPS officers in different grades throughout the country”.
In Haryana, the state government had promoted six IGP level officers to the rank of ADGP. To which the Union Home Ministry had pointed out that “as per the promotion guidelines, IPS officers of 1994 batch are not eligible for the promotion to the grade of ADGP in 2018. They are eligible for the promotion to the grade of ADGP with effect from January 1, 2019”.
Even when the MHA had asked the state government to “clarify the circumstances under which 1994 batch IPS officers have been promoted to the grade of ADGP”., State crime branch DIG Hamid Akhtar, a 2008 batch IPS officer has represented that that his promotion order may be modified to make it with ‘retrospective effect’.
Hamid Akhtar, who was promoted to the rank of DIG calimed that he should have been promoted to the post not with effect from May 25, the date when the order of promotion was issued but from January 1, the date since his promotion was due. He said to have completed 14 years in service and was eligible for the promotion on january 1. The vacancies in the rank of DIG were also available at that time, he maintained.
The contention of Hamid Akhtar is that he would be deprieved of substantive difference in pay under implementation of the 7th pay commission recommendations, in case he is not given promotion with effect from January 1”.
In the past too, a few other IPS officers promoted in 2015, 2017 and 2018 with “immediate effect” had insisted that they should have been promoted with “retrospective effect”.