No.14014/04/2012-AIS-1

Government of India
Ministry of Personnel, Public Grievances \& Pensions
(Department of Personnel \& Training)
North Block, New Delhi
Date 01.03.2018

ORDER

Whereas, this Department in the wake of Hon’ble High Court of Punjab and Haryana order dated 01.02.2010 in CWP No.15798/2009 in the case of Praveen Kumar, an State Civil Service officer of Punjab cadre Vs Union of India and as confirmed by Hon’ble Supreme Court, issued notification dated 18.4.2012 for making amendment in the respective seniority regulations for IAS/IPS/IFoS. These amendments were however made applicable to the Select Lists prepared as per the ratio laid down in the case of Praveen Kumar and accordingly, seniority/year of allotment of the officers included in the said Select Lists were determined as per the amended seniority regulations.
2. And whereas, consequent upon dismissal of SLP No.4930-4931 of 2016 and Review Petition No. 001428 -001429/2017 filed by DoPT in the case of F.R. Jamadar and other connected court cases filed by the Ministry of Home Affairs viz. CA No. 4419 of 2016 -UOI Vs Kailash Chandra Agarwal \& Ors, CA No. 8199 of 2016 -UOI Vs Arvind Kumar Sharda \& Ors, CA No. 8200 of 2016 -UOI Vs Keval Krishna Indoria \& Ors, CA No. 1396 of 2016 -UOI Vs R.A. Sanjeev and WP (C) No. 301 of 2016 -N.K.S. Chauhan Vs UOI, this Department vide OM No. No.14014/14/2014-AIS-I dated 21.8.2017 has decided to apply the amended seniority regulations prospectively i.e. w.e.f. 18.04 .2012 .
3. And whereas, this Department vide OM No.14014/14/2014-AIS-I dated 03.11.2017 has decided that Seniority/year of allotment of officer appointed after 18.4.2012 against the vacancies arisen between 1.2.2010 to 18.4.2012 may be fixed as per pre-amended seniority rules throughout the Cadres.
4. And whereas, further, this Department vide OM No.14014/14/2014-AIS-I dated 22.01.2018 has also decided to count the service of the officer rendered in the rank of Deputy Collector or equivalent upto the $31^{\text {st }}$ December of the vacancy year against which he has been appointed to the IAS.
5. And therefore, the seniority /year of allotment of officers appointed by promotion to IAS of Bihar cadre from Select Lists of 2006-A, 2007, 2008, 2009, 2010 and 2011 has been reviewed and re-determined by applying pre-amended seniority rule 3 (3)(ii) of IAS (Regulation of Seniority) Rules, 1987 read with clarifications dated 21.08.2017, 03.11.2017 and 22.01.2018 as under:

Weightage Formula as per pre-amended Seniority Rules is as under:-

Page 1 of 12

1. (Prepared against vacancies arisen between 1.1.2006 to 31.12.2006)
   

Page 2 of 12

6.1. As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officers whose names have been mentioned at SI. No. 1 to 8 of the select list of 2006-A shall be placed below Shri Ashish Kumar, the junior most promotee IAS officer of 1996 batch (SL-2006) and above Shri Anand Kishor, senior most RR IAS officer of 1997 batch of Bihar cadre.
7.

Select List-2007
(Prepared against vacancies arisen between 1.1.2007 to 31.12.2007)

Page 3 of 12

# Since retired /deceased
7.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officers whose names have been mentioned at SI. No. 1 to 8 of the Select List of 2007 shall be placed below Shri Rober L. Chongthu, junior most RR IAS officer of 1997 batch and above Shri Narmdeshwal Lal, senior most RR IAS officer of 1998 batch of Bihar cadre.
8.

Select List-2008
(Prepared against vacancies arisen between 1.1.2008 to 31.12 .2008 )

Page 4 of 12

8.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officers whose names have been mentioned at SI. No. 1 to 22 of the select list of 2008 shall be placed below Shri Narmdeshwar Lal, the only RR IAS officer of 1998 batch and above Shri Vinay Kumar, only RR IAS officer of 1999 batch of Bihar cadre.
9 .

Select List-2009
(Prepared against vacancies arisen between 1.1.2009 to 31.12.2009)

Page 6 of 12

9.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officers whose names have been mentioned at SI. No. 1 to 13 of the select list of 2009 shall be placed below Shri Vinay Kumar the only RR IAS officer of 1999 batch and above Shri Jitendra Srivastava, the senior most RR IAS officer of 2000 batch of Bihar cadre.

(Prepared against vacancies arisen between 1.1.2010 to 31.12.2010)

| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| — | — | — | — | — | — | — | — |
| 1. | Aaditya Kumar Das | 01.03.1993 | 17 | 5 | 2005 | Shri Shashi Bhusan Kumar allotted 1999 on the basis of SL of 2009. | 2005 |
| 2. | Shashi Kant Tiwary | 15.03.1983 | 27 | 10 | 2000 | As at Sr No. 1 in Col. 2 | 2005 * |
| 3. | Narendra
Kumar Singh | 04.04.1983 | 27 | 10 | 2000 | As at Sr No. 2 in Col. 2 | 2005 * |

• Seniority/year of allotment of officers mentioned at SI. No. 2 to 3 in the Select List of 2010 has been restricted under provisions of the rule 3(3)(ii) of IAS(Regulation of Seniority) Rules, 1987 which provide that an officer shall not be assigned year of allotment earlier than year of allotment assigned to other officer senior to him in that Select List or appointed on the basis of earlier Select List. 10.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officers whose names have been mentioned at SI. No. 1 to 3 of the select list of 2010 shall be placed below Shri Balamurugan D., the junior most RR IAS officer of 2005 batch and above Shri Adesh Titarmare, the senior most RR IAS officer of 2006 batch of Bihar cadre.

(Prepared against vacancies arisen between 1.1.2011 to 31.12.2011)

• Seniority/year of allotment of officers mentioned at SI. No. 1 to 26 in the Select List of 2011 has been restricted under provisions of the rule 3(3)(ii) of IAS(Regulation of Seniority ) Rules, 1987 which provide that an officer shall not be assigned year of allotment earlier than year of allotment assigned to other officer senior to him in that Select List or appointed on the basis of earlier Select List.
  11.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officers whose name has been mentioned above in the Select List of 2011 shall be placed below Narendra Kumar Singh, the junior most promotee IAS officers of 2005 batch(SL of 2010) and above Shri Adesh Titarmare, the senior most RR IAS officer of 2006 batch of Bihar cadre.

1. Consequent upon the revision of Select List 2011, Select List of 2012 also needs to revised as under:-

Select List of 2012

Page 11 of 12

• Seniority/year of allotment of officers mentioned at SI. No. 1 to 11 in the Select List of 2012 has been restricted under provisions of the rule 3(3)(ii) of IAS(Regulation of Seniority ) Rules, 1987 which provide that an officer shall not be assigned year of allotment earlier than year of allotment assigned to other officer senior to him in that Select List or appointed on the basis of earlier Select List.
  12.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officers whose name has been mentioned at SI. No. 1 to 11 of the Select List of 2012 shall be placed below Shri Surendra Kumar Ram, the junior most promotee IAS officer of 2005 batch (SL of 2011) and above Shri Adesh Titarmare, senior most RR IAS officer of 2006 batch of Bihar Cadre.

1. This issues with the approval of Secretary(P) and in supersession of this Department’s orders of even number dated 29.06.2012, 30.04.2013 and 25.02.2016 and is subject to outcome of any court case pending in any court of law.

Ordered accordingly.
(Udai Bhan Singh)
Under Secretary to the Government of India
Tel: 23094142
Copy to:-

1. The Chief Secretary, Government of Bihar, Patna for onward transmission to the officer concerned. It is also requested that necessary steps may be taken to withdraw all the cases on the similar issue pending in any court of law.
2. The Accountant General, Government of Bihar, Patna.
3. US (S-II)/AIS (III)
4. EO (PR)/RO (CM).

NIC, for uploading on the DoPT’s website.