‘Backdoor’ appointments in municipal bodies: High Court asks Haryana Govt to respond

“The posts of Deputy Municipal Commissioner and Additional Municipal Commissioner are not part of the cadre under the relevant recruitment rules, yet officers are being posted on these positions by the State of Haryana,” said the petitioner, while stressing the need for the government to clarify the statutory basis for such appointments.

Sharma alleged in his PIL that executive officers from municipal councils and committees are being promoted to these roles in newly formed municipal corporations, drawing salaries of ₹1.5 lakh to ₹2 lakh per month without any amendment to the rules or prior approval from the Finance Department. Filed under Articles 226 and 227 of the Constitution, the petition seeks a direction to halt such promotions, stop excess salary payments, and prevent further misuse of public resources meant for development works.

Haryana’s defence

During the hearing, Haryana’s Additional Advocate General (AAG) defended the appointments, stating that the process to amend the Haryana Municipal Corporation Act, 1994, and frame common service rules for municipal bodies has been underway since 2011. He cited documents including draft rules, Finance Department approvals for 395 new posts across municipal corporations, and the Haryana Municipal (Amendment) Act, 2024, which introduced Section 38-A empowering the state to make common service rules. The Council of Ministers approved the draft in June 2025, the AAG said, seeking an additional two to three months to finalise the rules.

“The impression that this is a backdoor entry is incorrect. The process started in 2011 and is still ongoing,” the AAG told the court, adding that consultations with senior officials are in progress.

However, Sharma’s lawyer Advocate Mamli countered that no statutory backing exists for these appointments. “There is no such post in the rules of the Corporation or the Council. There is no amendment till date, yet these appointments are being made,” he argued, citing RTI responses and a 2013 Finance Department letter requiring prior approval for new posts.

The petition also refers to a 2025 notification listing sanctioned posts, which does not include these positions. It alleges misuse of Section 422 of the Haryana Municipal Corporation Act, which allows staff transfers during the conversion of councils to corporations, but does not authorise creating or filling new posts without rules.

Sharma’s petition underscores the financial burden on public funds, pointing out that executive officers from lower-grade bodies are being elevated without recruitment procedures, competitive exams, or interviews, allegedly violating Articles 14 and 16 of the Constitution on equality and equal opportunity. It also mentions a previous PIL (CWP-PIL-199 of 2025) withdrawn on August 6, 2025, due to a lack of recruitment rules, which led to the current filing.

The respondents include the Haryana Government through its chief secretary, the additional chief secretary for Urban Local Bodies, the director of Urban Local Bodies, and the Yamunanagar Municipal Corporation.

The Bench directed the state to file a comprehensive reply explaining how these appointments are being made and whether they are authorised under Section 422 or any other provision. The matter will be heard again after eight weeks.

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