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ADVOCATE SEEKS CLARIFICATION REGARDING OFFICIAL RECOGNITION OF POST OF DEPUTY SECRETARY IN HPSC

Dy. Secy. post neither included in HPSC (Group A) Service Rules, 1997 nor in HPSC (Group A) Service Rules, 2024, Dec, 2025 issued HCS Cadre Strength Fixation Order also doesn’t explicitly mention the post of Dy. Secy.,HPSC however a 2011 batch HCS, Satish Kumar, posted as such from Feb, 2022.

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A Legal Representation has been submitted to the Governor of Haryana, Chief Minister and Chairman of Haryana Public Service Commission (HPSC) etc. raising questions over the apparent statutory status of the post of Deputy Secretary, Haryana Public Service Commission, alleging that the position does not appear to have explicit recognition under the Commission’s governing Service Rules or the notified Haryana Civil Service (Executive Branch) Cadre Strength Fixation Order, despite an HCS (Executive Branch) officer having continuously occupied the post for four and half years.

The detailed representation, submitted by Hemant Kumar, Advocate practising before the Punjab and Haryana High Court, has been addressed to the the Chief Secretary, senior officers of the Personnel & Training and Human Resources Department (which is AD of HPSC), the Advocate General, the Legal Remembrancer and the Haryana Lokayukta.

According to the representation, Shri Satish Kumar, HCS (Executive Branch), 2011 Batch, has been serving as Deputy Secretary, HPSC since February 2022 while simultaneously holding additional charge as Zonal Administrator, Haryana State Agricultural Marketing Board, Karnal since May 2023.

However, the representation contends that the Haryana Civil Service (Executive Branch) Strength and Composition Order dated 23 December 2025 does not specifically include the post of Deputy Secretary, HPSC among the sanctioned HCS (Executive Branch) cadre posts.

It points out that where the Government intended to earmark posts for HCS officers, those positions have been expressly mentioned in the Strength and Composition Order. As an illustration, the post of Secretary, Haryana Staff Selection Commission (HSSC) has been specifically included, whereas no similar entry exists for the post of Deputy Secretary, HPSC.

The representation further claims that an examination of both the HPSC (Group A) Service Rules, 1997 and the newly notified HPSC (Group A) Service Rules, 2024 also does not reveal any sanctioned Group A post designated as Deputy Secretary.

According to the representation, the 1997 Rules recognise only the post of Controller of Examinations, while the 2024 Rules recognise only the post of Secretary to the Chairman, with no express provision for a Deputy Secretary.

At the same time, the representation notes that the post of Secretary, Haryana Public Service Commission has recently been expressly recognised as an IAS Cadre Post under the Indian Administrative Service (Fixation of Cadre Strength) Seventh Amendment Regulations, 2026, notified by the Department of Personnel & Training, Government of India.

Against this backdrop, the representation seeks an official clarification regarding the legal source from which the post of Deputy Secretary presently derives its existence.

The representation urges the Government to clarify whether the post has been sanctioned under any separate statutory provision, executive order, cadre regulation or governmental notification that is not presently available in the public domain.

If no such legal framework exists, the representation requests that the Government consider taking appropriate corrective measures by amending the relevant HPSC Service Rules and, where necessary, the Haryana Civil Service (Executive Branch) Strength and Composition Order to provide explicit statutory recognition to the post.

Describing the issue as one concerning institutional transparency and administrative certainty rather than any individual officer, the representation states that appointments to public posts should ordinarily be supported by a clearly identifiable statutory or legal framework.

It further submits that since the Haryana Public Service Commission is a constitutional body entrusted with recruitment to public services, every substantive post within its administrative structure should rest upon an unambiguous legal foundation to avoid future administrative or legal controversy.

The legal representation concludes by requesting the competent authorities to undertake a comprehensive legal examination of the matter and communicate the action taken, emphasising that the petition has been filed purely in public interest with the objective of promoting legality, transparency and accountable governance.