Court finds non-grant of relaxation to retired IAS officer discriminatory, mandates equal treatment with peers for future assignments.
In a significant judgment dated May 29, 2026, the Punjab and Haryana High Court ruled in favor of retired IAS officer Ashok Khemka, addressing his grievance over the denial of empanelment as Additional Secretary/Secretary with the Government of India. The court found that the non-grant of relaxation to Khemka, despite similar relaxations being extended to other IAS officers, amounted to discrimination in violation of Articles 14 and 16 of the Indian Constitution.
The petitioner, Ashok Khemka, a 1991-batch IAS officer, had been denied empanelment due to not meeting the eligibility criterion of having served a minimum of three years on central deputation at the rank of Deputy Secretary or above. The case highlighted that other IAS officers with similar career profiles had received relaxations in the same criterion.
The High Court, presided by Justices Harsimran Singh Sethi and Deepak Manchanda, examined evidence showing that numerous officers were empaneled despite lacking the requisite central deputation experience. The petitioner presented a list of officers who had been empaneled without meeting the central deputation requirement. The court noted that the Union of India had previously exercised its discretion to relax these rules for similarly situated officers.
The court held that the failure to extend the same consideration to Khemka, without any valid differentiation, was discriminatory. It directed that Khemka be treated on par with his peers for future assignments and prospects that require such empanelment, despite his retirement.
While the court acknowledged that Khemka’s retirement precluded immediate benefits of empanelment, it emphasized that his future opportunities should reflect the status of being empaneled as Additional Secretary/Secretary for purposes of preference in assignments.
The judgment underscores the principles of fairness and equality in administrative processes, particularly in the career progression and opportunities for IAS officers.
Bottom Line:
Empanelment of IAS Officers - Relaxation of rules for empanelment as Additional Secretary/Secretary with the Government of India - Discrimination due to non-grant of relaxation to petitioner despite similar relaxation being granted to other IAS Officers.
Statutory provision(s): Article 14, Article 16 of the Constitution of India.
Ashok Khemka v. Union of India, (Punjab And Haryana)(DB) : Law Finder Doc id # 2918943
