No.5/10/2015-CS.I(U) (Vol.II)
Government of India
Ministry of Personnel, Public Grievances \& Pensions
Department of Personnel \& Training
$2^{\text {nd }}$ Floor, Lok Nayak Bhavan, Khan Market, New Delhi-3
Dated the 116 November, 2017.

OFFICE MEMORANDUM

Subject: Implementation of judgment of Hon’ble Supreme Court in Civil Appeal Nos.60466047 titled “Rohtas Bhankar vs. UOI \& Anr” – Provisional interpolation in the appropriate USSLs – Consequential Benefits – Fixation of pay – regarding

The Hon’ble Supreme Court vide its judgment dated 15.7.2014 in CA No. 6046-6047 of 2004 filed by Shri Rohtas Bhankar \& Ors. vs. UOI \& Anr. allowed the Appeal and held, inter-alia, as under :-
“The respondents are directed to modify the results in the Section Officers/ Stenographers (Grade B/Grade-I) Limited Departmental Competitive Examination, 1996 by providing for reservation and extend all consequential reliefs to the appellants, if not granted so far. ”
2. In compliance with the aforesaid order of the Hon’ble Supreme Court, the Union Public Service Commission (UPSC) revised the merit list of LDCE 1996 and nominated additional 33 SC/ST candidates under Category-I of Section Officers/ Stenographers (Grade B/Grade-I) Limited Departmental Competitive Examination, 1996. Accordingly, Department of Personnel \& Training (DOPT) vide its O.M.No.6/9/2014-CS.I(S) dated 21.07.2015 and 11.09.2015 included these 33 SC/ST officers in the Section Officer Select List of 1996 (SOSL 1996). Out of these 33 SC/ST officers, one officer namely Shri Shiv Singh was absorbed in BSNL in the year 2000. Accordingly, a revised Common Seniority List in respect of $32 \cdot$ SC/ST officers was issued vide DOPT’s O.M.No.6/9/2014-CS.I(S) dated 09.10.2015.
3. Consequent on their inclusion in Section Officer Seniority List, 1996, these 32 SC/ST officers were required to be considered for their further promotion in the next higher grade i.e. Under Secretary for the Select List of 2004 onwards on completion of 8 years eligibility service. Anticipating delay in reviewing the USSLs 2004 onwards, in consultation with the UPSC on account of various procedural requirements, including, among others, pending litigations before the Hon’ble Apex Court on ‘Own Merit’ issue in reservation, 30 officers of SC/ST category were provisionally interpolated in the appropriate USSLs in order of their seniority with reference to the position of their immediate junior officer, with the approval of the Competent Authority vide Order No. 5/10/2015-CS.I(U) (Vol.II) dated 13.01.2017 (copy enclosed).
4. The matter regarding grant of pay fixation benefits in respect of these officers upon their provisional interpolation, was under consideration in this Department. It has now been decided, in consultation with Establishment Division of this Department that the pay of these officers may- 2 –

be fixed on notional basis with effect from the date of promotion of their respective juniors in the relevant USSL. The actual benefit would become admissible on assumption of the charge of the post of Under Secretary. The name of juniors are already reflected in order dated 13.01.2017.

1. This pay fixation benefit will be provisional in nature and subject to modification after final outcome of the Review DPC of USSLs 2004 onwards, in consultation with the UPSC, in due course and further subject to post audit and overpayments if any, in the form of arrears or otherwise will be recovered from the individual subsequently. An Undertaking may be taken from the concerned officers in this regard.

2. This order is subject to any order by any competent court in any connected matter.

Encl: As above

Anil Tp.th

(Anil Tripathi)
Under Secretary to the Govt. of India
Tel. No.24629412

To

1. Ministries/Departments concerned.
   (through website of DOPT)

2. Estt. (D), DOPT, North Block, New Delhi.No.5/10/2015-CS.I(U) (Vol.II)
   Government of India
   Ministry of Personnel, Public Grievances \& Pensions
   Department of Personnel \& Training

2 $^{n d}$ Floor, Lok Nayak Bhavan, Khan Market, New Delhi-3
Dated the 13 January, 2017.

ORDER

The Hon’ble Supreme Court vide its judgement dated 15.7.2014 in CA No. 6046-6047 of 2004 filed by Shri Rohtas Bhankar \& Ors. vs. UOI \& Anr. allowed the Appeal and held, inter-alia, as under :-
“The respondents are directed to modify the results in the Section Officers/ Stenographers (Grade B/Grade-I Limited Departmental Competitive Examination, 1996 by providing for reservation and extend all consequential reliefs to the appellants, if not granted so far. ”
2. In compliance with the aforesaid order of the Hon’ble Supreme Court, the Union Public Service Commission (UPSC) revised the merit list of LDCE 1996 and nominated additional 33 SC/ST candidates under Category-I of Section Officers/ Stenographers (Grade B/Grade-I Limited Departmental Competitive Examination, 1996. Accordingly, Department of Personnel \& Training (DOPT) vide its O.M.No.6/9/2014-CS.I(S) dated 21.07.2015 and 11.09.2015 included these 33 SC/ST officers in the Section Officer Select List of 1996 (SOSL 1996). Out of these 33 SC/ST officers, one officer namely Shri Shiv Singh was absorbed in BSNL in the year 2000. Accordingly, a revised Common Seniority List in respect of 32 SC/ST officers were issued vide DOPT’s O.M.No.6/9/2014-CS.I(S) dated 09.10.2015.
3. Consequent on their inclusion in Section Officer Seniority List, 1996, these 32 SC/ST officers were required to be considered for their further promotion in the next higher grade i.e. Under Secretary for the Select List of 2004 onwards on completion of 8 years eligibility service. This requires a review of the Under Secretary Select Lists (USSLs) of 2004 onwards in consultation with the Union Public Service Commission.
4. Anticipating delay in reviewing the USSLs 2004 onwards in consultation with the UPSC on account of various procedural requirements including pending litigations before the Hon’ble Apex on ‘own merit’ issue in reservation, it was decided with the approval of the Competent Authority to adopt a Screening Committee mechanism for their provisional interpolation in the appropriate USSL (s).
5. Based on the recommendations of the Screening Committee and on approval of the Competent Authority, the provisional interpolation of the following officers inorder of their seniority with reference to the position of their immediate junior officer belonging to the reserved category of SC/ST is hereby ordered as under:-

| S. No. | CSL No. | Name of the applicant (S/Shri/Smt.) | Cat. | SOSL | | USSL | | S.No. in the USSL | Placement in the USSL |
| :–: | :–: | :–: | :–: | :–: | :–: | :–: | :–: | :–: | :–: |
| | | | | Earlier | Present | Earlier | Present | | |
| 1 | $\begin{aligned} & 6434 \ & A \end{aligned}$ | Jitendra
Gaikwad Earlier CSL7518 | SC | 2003 | 1996 | 2011 | 2007 | 144A | Below
Rajkumari (SC) and above P.C.Kotia (SC) in the order mentioned in the preceding column |
| 2 | $\begin{aligned} & 6435 \ & A \end{aligned}$ | Karam
Chand | SC | PS | 1996 | PPS | 2007 | 144B | |
| 3 | $\begin{aligned} & 6436 \ & A \end{aligned}$ | G.Chitra
Earlier CSL-
7484 | SC | 2003 | 1996 | 2011 | 2007 | 144C | |
| 4 | $\begin{aligned} & 6437 \ & A \end{aligned}$ | Ravti Saran Verma Earlier CSL6751 | SC | 2001 | 1996 | 2009 | 2007 | 144D | |
| 5 | $\begin{aligned} & 6438 \ & A \end{aligned}$ | Ram
Shiromani
Saroj | SC | PS | 1996 | PPS | 2007 | 144E | |
| 6 | $\begin{aligned} & 6439 \ & A \end{aligned}$ | Dalpat Singh Earlier CSL7485 | SC | 2003 | 1996 | 2011 | 2007 | 145A | Below
P.C.Kotia(SC) and above R.K.Maheshwari (SC) in the order mentioned in the preceding column |
| 7 | $\begin{aligned} & 6439 \ & B \end{aligned}$ | Amarjeet
Singh
Earlier CSL-
7502 | SC | 2003 | 1996 | 2011 | 2007 | 145B | |
| 8 | $\begin{aligned} & 6439 \ & C \end{aligned}$ | Jasbir Singh Earlier CSL6644 | SC | 2000 | 1996 | 2009 | 2007 | 145C | |
| 9 | $\begin{aligned} & 6439 \ & D \end{aligned}$ | Rajendra
Kumar Jatav Earlier CSL7492 | SC | 2003 | 1996 | 2011 | 2007 | 145D | || Sl. No. | CSL No. | Name of the applicant (S/Shr//Smt.) | Cat | SOSL | | USSL | | S.No. in the USSL | Placement in the USSL |
| — | — | — | — | — | — | — | — | — | — |
| | | | | Earlier | Present | Earlier | Present | | |
| 10 | $\begin{aligned} & 6439 \ & E \end{aligned}$ | Joseph Atul T Barla Earlier CSL6663 | ST | 2000 | 1996 | 2009 | 2006 | 147A | Below Shiv Dayal Bhasor(SC) and above B.Ginkhan Mang (ST) |
| 11 | $\begin{aligned} & 6439 \ & F \end{aligned}$ | Rakesh
Kataria
Earlier CSL-
7505 | SC | 2003 | 1996 | 2011 | 2007 | 145E | Below
P.C.Kotia(SC)
and above
R.K.Maheshwari
(SC)
in the order
mentioned in
the preceding
column |
| 12 | $\begin{aligned} & 6439 \ & \text { G } \end{aligned}$ | Madan Lal Atal 6943 | SC | 2003 | 1996 | 2011 | 2007 | 145F | |
| 13 | $\begin{aligned} & 6439 \ & H \end{aligned}$ | Raj Kumar 7476 | SC | 2003 | 1996 | 2011 | 2007 | 145G | |
| 14 | $\begin{aligned} & 6439 \ & 1 \end{aligned}$ | Rajinder
Kumar
Earlier CSL-
7240 | SC | 2003 | 1996 | 2011 | 2007 | 145H | |
| 15 | $\begin{aligned} & 6439 \ & J \end{aligned}$ | Ramesh
Kumar | SC | PPS | 1996 | PPS | 2007 | 145I | |
| 16 | $\begin{aligned} & 6439 \ & K \end{aligned}$ | Rohtas
Bhankhar
Earlier CSL-
7228 | SC | 2003 | 1996 | 2011 | 2007 | 145J | |
| 17 | $\begin{aligned} & 6439 \ & \text { M } \end{aligned}$ | Ashok Kumar Earlier CSL7481 | SC | 2003 | 1996 | 2011 | 2007 | 145K | |
| 18 | $\begin{aligned} & 6439 \ & \text { N } \end{aligned}$ | Yash Pal
Earlier CSL-
7507 | SC | 2003 | 1996 | 2011 | 2007 | 145L | |
| 19 | $\begin{aligned} & 6439 \ & \text { O } \end{aligned}$ | Madan Lal Verma | SC | PPS | 1996 | PPS | 2007 | 145M | |
| 20 | $\begin{aligned} & 6439 \ & \text { P } \end{aligned}$ | Sanjeev
Kumar
Earlier CSL-
6652 | SC | 2000 | 1996 | 2009 | 2007 | 145N | || $\begin{gathered} \text { Sl. } \ \text { No. } \end{gathered}$ | CSL
No. | Name of the applicant (S/Shrl/Smt.) | Cat | SOSL | | USSL | | S.No. in the USSL | Placement in the USSL |
| — | — | — | — | — | — | — | — | — | — |
| | | | | Earlier | Present | Earlier | Present | | |
| 21 | $\begin{gathered} 6439 \ \mathrm{Q} \end{gathered}$ | Ram Charan Meena Earlier CSL6580 | ST | 1999 | 1996 | 2007 | 2006 | 147C | Below Shiv Dayal Bhasor (SC)and above B.Ginkhan Mang (ST) in the order mentioned in the preceding column |
| 22 | $\begin{gathered} 6439 \ \mathrm{R} \end{gathered}$ | Hajari Lal Meena Earlier CSL6557 | ST | 1998 | 1996 | 2006 | 2006 | $\begin{aligned} & 147 \mathrm{D} \ & \text { DS(ad- } \ & \text { hoc) } \end{aligned}$ | |
| 23 | $\begin{gathered} 6439 \ \text { S } \end{gathered}$ | Daulat Ram Meena Earlier CSL6658 | ST | 2000 | 1996 | 2009 | 2006 | 147E | |
| 24 | $\begin{gathered} 6439 \ \mathrm{~T} \end{gathered}$ | N.
Khamchinthang Earlier CSL6846 | ST | 2002 | 1996 | 2010 | 2006 | 147F | |
| 25 | $\begin{gathered} 6439 \ U \end{gathered}$ | Kimjamlhing Sitlihou Earlier CSL6561 | ST | 1998 | 1996 | 2006 | 2006. | $\begin{aligned} & 147 \mathrm{G} \ & \text { DS(ad- } \ & \text { hoc) } \end{aligned}$ | |
| 26 | $\begin{gathered} 6439 \ V \end{gathered}$ | Ajit Kumar Dung Dung Earlier CSL6844 | ST | 2002 | 1996 | 2010 | 2006 | 147H | |
| 27 | $\begin{gathered} 6439 \ \mathrm{~W} \end{gathered}$ | Shiv Ram Meena Earlier CSL6560 | ST | 1998 | 1996 | 2006 | 2006 | $\begin{aligned} & 147 \mathrm{I} \ & \text { DS(ad- } \ & \text { hoc) } \end{aligned}$ | |
| “28 | $\begin{gathered} 6439 \ X \end{gathered}$ | Prabhudas Xalxo Earlier CSL6657 | ST | 2000 | 1996 | 2009 | 2006 | 147J | |
| 29 | $\begin{gathered} 6439 \ Z \end{gathered}$ | Pumchinkhup Guite Earlier CSL6661 | ST | 2000 | 1996 | 2009 | 2006 | 147K | |
| 30 | $\begin{gathered} 6439 \ \text { ZA } \end{gathered}$ | Laltiana Chhangte Earlier CSL6556 | ST | 1998 | 1996 | 2006 | 2006 | $\begin{aligned} & 147 \mathrm{~L} \ & \text { DS } \ & \text { (ad- } \ & \text { hoc) } \end{aligned}$ | |7. The above provisional interpolation does not confer any right of permanency to the position assigned as above or any claim for seniority or any claim for regular promotion and is subject to the review of USSL-2004 onwards in consultation with UPSC in due course. This is also subject to any order by any competent court in any connected matter.

Doroy

(Debabrata Banerjee)
Under Secretary to the Government of India
Tel No. 24629412

To

All officers concerned through website of DOPT.

Copy to:

Under Secretary (CS.I/D), DOPT, New Delhi.