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Breaking the Cycle of Inequality: Overturns Denial of IAS
In a significant ruling for , the has struck down an order by the (CAT) that denied senior IAS officer Ashok Khemka as an Additional Secretary/Secretary to the . The Division Bench, comprising Justice Harsimran Singh Sethi and Justice Deepak Manchanda, declared that the denial of such status—while simultaneously granting relaxation to other officers—constitutes clear , violating the constitutional mandate of .
The Backdrop: A Claim for Parity Ashok Khemka, a 1991-batch IAS officer, sought judicial intervention after his quest for hit a bureaucratic roadblock. The Centre had rejected his claim based on a strict prerequisite: the officer must have completed a minimum of three years on at the rank of Deputy Secretary or above.
Khemka argued that he was a victim of , pointing to a roster of 20 other IAS officers who were granted the same rank despite having "nil" experience. His petition challenged the CAT’s endorsement of the government's rigid adherence to rules for him, while ignoring the widespread precedent of granting relaxations to others.
Arguments from the Aisle The petitioner’s legal counsel emphasized that the had previously exercised its power to grant exemptions frequently. They presented empirical evidence showing that even after the rejection of Khemka’s original application, other officers—such as Mr. J. Radhakrishnan—were granted the benefit of relaxation, confirming that the "three-year rule" was not applied uniformly.
Representing the respondents, the contended that the petition had become due to Khemka’s retirement. However, the Court swiftly dismissed this, noting that status carries significant weight for post-retirement assignments and professional standing, meaning the grievance remained alive and actionable.
Legal Analysis: The Mandate of The ’s analysis focused on the principle of . While acknowledging the Union’s right to establish eligibility criteria, the Court noted that once the government exercises its discretion to relax rules for some, it cannot selectively deny that same benefit to others without a valid, differentiating rationale.
The Court observed,
"Since there is no such differentiating fact which has been brought to the notice of the Court between the petitioner and the other IAS Officers who were empanelled... the same will amount to
between the
Officers so as to violate
."
Key Observations
*
On Unchecked Discretion:
"Once,
Officers as that of the petitioner were granted relaxation for empenalling them as Additional Secretary/Secretary with the Govt. Of India, the question that why such relaxation was not granted to the petitioner without any valid reason remains uncontroverted."
*
On Constitutional Violation:
"The non-exercise of the same will surely amount to
, unless and until any differentiating fact is brought to the notice of the Court which exist between the petitioner herein and the other Officers."
*
On the Need for Parity:
"In such a condition, the benefit of parity has to be granted to the petitioner with the other
Officers herein so that no prejudice is caused to him."
The Verdict and Future Implications The Court allowed the , directing that Khemka be treated as empaneled at the level of Additional Secretary/Secretary for the purpose of future assignments where such status is a prerequisite.
While the ruling does not provide retroactive financial benefits—due to the petitioner's retirement—it establishes a vital legal safeguard. It serves as a stern reminder to the administrative machinery that must be exercised under the scrutiny of , and that "rule-bound" denials cannot be used as a mask for arbitrary exclusion when evidence of preferential treatment for others exists.
