F. No.14014/07/2004-AIS-I

Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North Block, New Delhi
Dated 08.02.2018

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.

1. 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.

2. 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.

3. 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 31st December of the vacancy year against which he has been appointed to the IAS.

4. And whereas, the seniority/year of allotment of officers appointed by promotion to IAS of Tripura cadre from Select List 2007-A, 2009 and 2011 notified during the period from 1.2.2010 to 18.4.2012/ prepared against the vacancies arisen during the said period have been reviewed and re-determined by applying pre-amended seniority rule 3 (3)(ii) of IAS (Regulation of Seniority) Rules, 1987 read with clarification dated 21.08.2017, 03.11.2017 and 22.01.2018 as under:

Page 1 of 6

Since, retired.

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 5 of the Select List of 2007-A shall be placed below Shri Puneet Agarwal, the only RR IAS officer of 1998 batch of Tripura cadre.

Since, retired.

7.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officers whose name have been mentioned at SI. No. 1 to 3 of the Select List of 2008 shall be placed in order of seniority in 1999 batch of Tripura cadre.

(Prepared against vacancies arisen between 1.1.2009 to 31.12.2009)

# Since, retired.

• Seniority/year of allotment of officer mentioned at SI. No. 2 in the Select List of 2009 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.
  8.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officers whose name have been mentioned at SI. No. 1 to 2 of the select list of 2009 shall be placed in order of seniority in 2001 batch of Tripura cadre.

9.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officer whose name have been mentioned at SI. No. 1 of the Select List of 2011 shall be placed in 2002 batch of Tripura cadre.

9.2 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officers whose name have been mentioned at SI. No. 2 to 6 of the Select List of 2011 shall be placed below Shri Brijesh Pandey, junior most RR IAS officer of 2004 batch and above Shri Sahadeb Das, junior most promotee IAS officer of 2004 batch (Non-SCS category) of Tripura cadre.
10. This will supersede this Department’s order of even number dated 22.03.2017.
11. This issues with the approval of Secretary(P) 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:011-23094142
Copy to:-

1. The Chief Secretary, Government of Tripura, New Secretariat Complex, PO-Secretariat-799010, Agartala, West Tripura 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 Tripura, Agartala, Tripura.
3. US (S-II)/US-AIS-III)
4. EO (PR)/RO (CM)/

NIC, for uploading on the Department’s website.