Hemant Kumar & Ors. Vs State of Haryana (Supreme Court of India)
Political Patronage Cannot Become Permanent Employment: Supreme Court Orders Repatriation After Two Decades
In Hemant Kumar & Others v. State of Haryana, the Supreme Court examined the legality of the deputation and subsequent absorption of four officers-Pradeep Atri, Praveen Chaudhary, Pankaj Gaur and Arun Bhatia- from Haryana’s Development and Panchayat Department into the Public Works Department as Assistant Engineers/Sub-Divisional Engineers.
The officers were absorbed against vacancies earmarked for direct recruits, without participating in the prescribed competitive recruitment process. Their appointments were justified as transfers under Rule 10 of the applicable 1965 Rules, which permitted such appointments only in “special circumstances.”
The Supreme Court held that shortage of officers, possession of M.Tech qualifications, satisfactory performance, or the possibility of becoming junior upon repatriation did not constitute special circumstances. Such circumstances must involve a genuine public-service exigency requiring specialised qualifications or talent which cannot await normal recruitment.
The Court found clear evidence of political influence and favouritism. Ministers, MLAs and other political functionaries repeatedly intervened and recommended the officers’ deputation and absorption, despite departmental objections that the process amounted to back-door recruitment and would prejudice regularly recruited employees.
The Court held that the deputation of Pradeep Atri and Praveen Chaudhary was illegal, while that of Pankaj Gaur and Arun Bhatia was irregular. However, the permanent absorption of all four officers was declared illegal, non-existent and void from inception.
