This document details the revised seniority and year of allotment for IAS officers of the Arunachal Pradesh segment of the Joint AGMUT Cadre, following court decisions and departmental orders. It addresses the application of amended seniority regulations, considering service rendered in specific ranks and the outcomes of legal proceedings. The order clarifies the placement of officers within the seniority list based on their year of allotment, qualifying service, and relevant rules, specifically referencing Rule 4 of the IAS (Regulation of Seniority) Rules, 1987. It also supersedes previous orders and is subject to ongoing court cases.
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No.14014/01/2011-AIS-I
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block, New Delhi
Date 26.02.2018
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 01.02 .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.11011/11/2011 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. There was no Select List for 2009.
5. And therefore, the seniority /year of allotment of officers appointed by promotion to IAS of Arunachal Pradesh Segment of Joint AGMUT Cadre from Select List 2010 and has been reviewed and re-determined by applying pre-amended seniority rule 3 (3)(ii) of IAS (Regulation of Seniority) Rules, 1987 need with clarification dated 21.08.2017, 03.11.2017 and 22.01.2018 as under:
Weightage Formula as per pre-amended Seniority Rules is as under:-
| Completed years of qualifying service | Weightage in years |
|---|---|
| 4 | |
| 5 | |
| 15 | 6 |
| 18 | 7 |
| 21 | 8 |
| 23 | 9 |
| 25 | 10(Maximum) |
| 27 |
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6.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officers at SI. No. 1 to 2 of the select list of 2010 shall be placed below Shri Gamli Padu, the junior most promotee IAS officer of 2001 batch of Joint AGMUT cadre and above Ms. Padmini Singla, the senior most RR IAS officer of 2002 batch of Joint AGMUT cadre.
6.2 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officers at SI. No. 3 to 4 of the select list of 2010 shall be placed below Shri J.P. Agarwal, the junior most promotee IAS officer of 2004 batch of Joint AGMUT cadre and above Ms. Niharika Rai, the senior most RR IAS officer of 2005 batch of Joint AGMUT cadre.
7. This issues with the approval of Secretary(P) and in superstation of this Department’s orders of even number dated 06.02.2013 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:-
- The Secretary, Ministry of Home Affairs, North Block, New Delhi. (Attn: Shri Manoj Jha, Under Secretary (UTS-I), MHA for onward transmission to the officers 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.
- US(AIS-II)/US(AIS-III)
- EO (PR)/RO(CM)
- NIC, for uploading on DoPT’s website.