18 incumbent Assistant Returning Officers (AROs) designated by the Election Commission of India (ECI) under Section 22(1) of Representation of the People Act, 1951 with regard to respective Parliamentary Constituencies (PCs) in the State of Haryana don't fulfill the requirement of minimum 5 years of service in Haryana Civil Service (Executive Branch)- HCS-EB so as to become eligible for posting as Sub-Divisional Officer (Civil)- SDO(C) a.k.a. SDM ( Sub Divisional Magistrate).
Hemant Kumar, an Advocate at Punjab and Haryana High Court, Chandigarh has today 10 April 2024 sent an email communication to Election Commission of India (ECI), Chief Electoral Officer (CEO), Haryana & State Chief Secretary & 10 Deputy Commissioners ( DCs) who are designated. Returning Officers (ROs) in respect of concerned 10 Parliamentary Constituencies (PCs) bringing to their notice the fact that as on date, a dozen and a half (read eighteen-18) officers in the cadre of HCS (EB) posted as SDO(C)/SDM in various Sub-Divisions in the State of Haryana and who have been ex-officio designated as AROs by the ECI don't fulfill the benchmark of having minimum five years of service in HCS (EB) Cadre as required for posting as SDO(Civil)/SDM as per prevalent Cadre Strength and Composition Order issued by the Haryana Government.
The Advocate revealed that as of today, a total of 21 HCS (EB) Officers who are of 2020 Batch are posted as SDO(C)/SDM viz. Mohit Kumar at Hansi Sub-Division, Darshan Yadav (Manesar), Harbir Singh (Bhiwani), Jyoti (Israna), Amit Kumar-II (Sonipat), Mayank Bhardwaj (Nangal Chaudhary), Jai Parkash (Radaur), Ravindra Malik (Beri), Prateek Hooda (Tohana) Pulkit Malhotra (Shahbad), Amit Mann (Badkhal), Abhay Singh Jangra (Dabwali), Amit (Samalkha), Amit Kumar- III (Loharu), Ajay Singh (Julana), Rajesh Kumar Soni (Gharaunda), Aman Kumar (Pehowa), Gaurav Chauhan (Panchkula), Naseeb Kumar (Ladwa), Gulzar Malik (Uchana Kalan) and Devendra Sharma (Bilaspur).
Out of the these 21 HCS(EB) officers of 2020 batch posted as SDO(C)/SDM, 18 (i.e. except those posted at 3 Sub-Divisions viz. Manesar, Julana and Nangal Chaudhary) AROs designed by the ECI in February this year.
Hemant asserted that there is no denying the fact that the posting and transfer of officers is the prerogative of the Competent Authority ( in case of HCS-EB officers, its the State Government in the Personnel & Training Department which comes directly under Chief Minister/Chief Secretary). However, the HCS Cadre Strength and Composition Order as issued by then Chief Secretary, Haryana in October 2020 and which is even applicable today (since it has not been amended/modified till date) the posts of SDO(C)/ SDM are shown therein under the head of Senior Scale/Selection Grade (5-15 years of service) i.e. HCS-EB Service.
Hence in view of the aforementioned Cadre Fixation Order issued by Haryana Government, one seriously wonders how & if the aforementioned HCS (EB) officers of 2020 batch do indeed qualify for being posted as Sub-Divisional Officers (Civil) in various Sub-Divisions across the State of Haryana and consequently they being designated AROs by the ECI.
The significant question which arises if that if the posts of SDO(C) /SDM have since been taken out of the Senior Scale/Selection Grade (5-15 years of service) after the issuance of above Order dated 15 Oct, 2020 Order or else all such 21 aforementioned HCS (EB) officers (including 18 designated AROs therein), who belong 2020 batch, have been granted any sort of special relaxation by the Haryana Government for making them duly eligible for posting as SDO(Civil) /SDM i.e. even before completion of minimum 5 years of HCS (EB) service. Be that as it may, there ought to be due Public & Proactive Disclosure in this regard.
The Advocate has exhorted the ECI to wisely take an urgent call to intervene in this matter and make a conscious and wise decision so as to ensure posting of eligible HCS(EB) cadre officers with minimum five years of service in the cadre as SDO(Civil)/SDMs in the aforementioned Sub-Divisions in the State of Haryana who in turn are the designated Assistant Returning Officers (AROs) with regard to respective Parliamentary Constituencies (PCs) in the State of Haryana.