This Office Memorandum details the implementation of a Central Administrative Tribunal (CAT) order concerning the promotion of Section Officers to Under Secretary grade, particularly addressing the eligibility criteria for SC/ST category officers. The initial CAT order from 2004, upheld by the High Court, mandated a review of Select Lists (USSLs) to consider officers based on the rules in effect at the time of their eligibility. The Department of Personnel and Training (DoPT) initially amended rules in 1999, introducing a uniform eight-year service requirement, but the CAT order reinstated the earlier provision allowing for promotion with four years of service for SC/ST officers if their juniors were being considered. This memo extends the benefit of this order to 27 additional SC/ST officers who were not original applicants in the CAT case, potentially altering USSLs from 1991 to 2002. The MoS (PP) has approved this extension, and a Review DPC will be convened in consultation with the UPSC to implement the changes, with consideration given to accommodating SC officers against unfilled ST vacancies.
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No. 5/18/2012-CS.I(U)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
CS.I Division
2nd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-110003
Dated the 16th April 2014
OFFICE MEMORANDUM
Subject:
Extension of CAT’s order dated 30.11.2004 in OA No.991/2003 titled ‘Vijay Kumar & others vs. Uol & others’ – holding of review DPC for the respective USSLs reg.
The undersigned is directed to say that in terms of Rule 12(2) of then extant CSS Rules, 1962, eight years approved service in the grade of SO was required for promotion to US grade. However, in terms of third proviso to the said Rule, Section Officers belonging to SC/ST category with four years of approved service should be considered for promotion to the grade of Under Secretary if their juniors were being considered for promotion. This proviso was deleted vide Notification dated 8.3.1999 and thereafter, a uniform eligibility of eight years of approved service in the grade of Section Officer was applicable to all categories.
- USSLs from 1987 onwards were in arrears on account of prolonged litigation relating to inter-se seniority in the feeder grade of SO. On conclusion of the litigation, these Select Lists could be brought out in the year 2000 and thereafter only. As at the time of preparation of these USSLs, the proviso of lesser eligibility service to senior SC/ST officers was deleted, the uniform eight years eligibility service was applied to all categories of officers i.e. amendment to the rules was given effect to USSLs pertaining to period prior to amendment.
-
Aggrieved by the retrospective effect of Notification deleting the said proviso, Shri Vijay Kumar and four other DR SOs belonging to SC/ST category filed an O.A. No.991/2003 in CAT (PB), New Delhi challenging US SLs 1987 to 1994 that while preparing these Select Lists, DoPT applied amended Rules which was notified on 8.3.1999. The CAT vide their order dated 30.11.2004 directed this Department to prepare revised USSLs by considering the applicants in accordance with the then extant third proviso which was in force in the relevant time and consider the claims of the applicants in accordance with the law.
-
This Department had filed an appeal against the order of CAT in the High Court of Delhi. There was no stay on the order of CAT dated 30.11.2004. DoPT implemented
TI11301199the said order of CAT in respect of five applicant DR SOs vide order dated 28.10.2011 by holding review DPC and placed these officers in the respective earlier USSLs in terms of the then extant third proviso to Rule 12(2) of CSS Rules, 1962.
- Subsequently, the Writ Petition filed by this Department was dismissed by HC, Delhi vide order dated 13.11.2013 and in view of this, order dated 30.11.2004 of CAT has attained finality.
-
There are 27 SC/ST officers who are similarly placed as that of the five DR SOs (Annexure to this OM) who were applicants before CAT. Requests have been received from these officers for extension of benefit of CAT’s order to them also as they are similarly placed. OA has also been filed by a few of these officers in CAT. Taking into consideration the facts and circumstances of the issue, it was decided to look into the matter afresh.
-
Extending the benefit to the similarly placed officers will alter USSLs 1991 to 2002 as these 27 SC/ST officers will move upward by a few SLs. Out of the 27 officers in consideration 15 are SC officers and 12 are ST Officers. The number of ST officers included in the respective USSLs was always much less than the number of vacancies earmarked for them for want of eligible officers.
-
Keeping in view the facts and circumstances of the case, MoS (PP) has approved that the order of CAT dated 30.11.2004 be extended to the similarly placed 27 officers (15 SC and 12 ST) who were non-applicants before CAT, PB. MoS (PP) has also approved that the SC officers may be accommodated against unfilled ST vacancies in the respective years.
-
In terms of the approval of MoS (PP), this Department is in the process of convening Review DPC in consultation with UPSC.
-
This OM is issued for information of all concerned.
(1. Srinivasaragavan)
Under Secretary to the Government of India
Tele.: 24629412
To
All concerned (through website of this Department)| S.
No. | CSL
No. | Name of DR SC/ST SO/
Present Designation / Date of Birth | CAT | $\begin{aligned} & \text { DR } \ & \text { Batch } \end{aligned}$ | Approved
Service in SO
Count from | Present US SL | Name of immediate junior in SO grade with CSL No. and US SL | The earliest USSL in which the DR SO is required to be considered for inclusion |
| — | — | — | — | — | — | — | — | — |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
| 1. | 2513 | R.K.Singh, Director (04.04.1955) | SC | 1982 | 1.7.1983 | 1991 | A.L.Takkar (2516)/1989 | 1989 |
| 2. | 2518 | Ramesh Kumar, Director (24.06.1954) | SC | 1982 | 1.7.1983 | 1991 | Safdar Ameer Siddiqui (2519)/1989 | 1989 |
| 3. | 2523 | B.B.Samaddar, Director (03.07.1954) | SC | 1982 | 1.7.1983 | 1992 | Baldev Raj Ilamwadi (2524)/1989 | 1989 |
| 4. | 2543 | LT Tluanga (since retd.), Director, (16.12.1952) | ST | 1982 | 1.7.1983 | 1991 | Shankar Banerjee (2545)/1989 | 1989 |
| 5. | 2777 | Smt. Santosh Kumari, Director, (30.01.1958) | SC | 1984 | 1.7.1985 | 1993 | G.P.Venkatachalam (2778)/1990 | 1990 |
| 6. | 2802 | S.L.Negi, Director (12.01.1956) | ST | 1984 | 1.7.1985 | 1993 | Gurdial Singh (2803)/1990 | 1990 |
| 7. | 2807 | B.S.Negi (since retd.), Director, (02.10.1952) | ST | 1984 | 1.7.1985 | 1993 | Sudesh Kr (2808)/1990 | 1990 |
| 8. | 2913 | K.M.Brahme, Director (11.09.1955) | SC | 1985 | 1.7.1986 | 1994 | T.P.Radhakrishnan (2914)/1990 | 1990 |
| 9. | 2928 | CPS Nonghulo, Director (20.02.1963) | ST | 1985 | 1.7.1986 | 1994 | R.K.Saigal (2929)/1990 | 1990 |
| 10. | 2933 | Ms.Kimbirang Kipgen, Director, (04.05.1962) | ST | 1985 | 1.7.1986 | 1994 | D.P.Singh (2935)/1990 | 1990 |
| 11. | 2979 | S.L.Meena, Director (25.01.1960) | ST | 1986 | 1.7.1987 | 1995 | Vimal Kr.Behl (2980)/1990 | 1990 |
| 12. | 3116 | Sweety Karta Ram, Director, (07.12.1963) | SC | 1987 | 1.7.1988 | 1996 | Lakhi Prasad (3137)/1992 | 1992 || S.
No. | CSL
No. | Name of DR SC/ST SO/
Present Designation / Date of
Birth | CAT | DR
S
O
Batch | Approved
Service in SO
Count from | Present
US SL | Name of immediate junior in
SO grade with CSL No. and
US SL | The earliest USSL in which
the DR SO is required to
be considered for inclusion |
| — | — | — | — | — | — | — | — | — |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
| 13. | 3121 | Visstali Peddanna, Diretor,
(12.02.1957) | SC | 1987 | 1.7.1988 | 1996 | Lakhi Prasad
(3137)/1992 | 1992 |
| 14. | 3126 | A. Ashali Chalai, Director
(06.02.1965) | ST | 1987 | 1.7.1988 | 1996 | Lakhi Prasad
(3137)/1992 | 1992 |
| 15. | 3159 | Vanraj A. Chavda, Director,
(01.06.1959) | SC | 1987 | 1.7.1988 | 1997 | S.P. Suri
(3254)/1992 | 1992 |
| 16. | 3160 | L.K. Meena, Director
(26.02.1961) | ST | 1987 | 1.7.1988 | 1996 | S.P. Suri
(3254)/1992 | 1992 |
| 17. | 3205 | Ashok Kumar, Director
(09.07.1961) | SC | 1988 | 1.7.1989 | 1997 | Jose Thomas
(3450)/1993 | 1993 |
| 18. | 3230 | Moti Lal, Director
(12.12.1961) | SC | 1988 | 1.7.1989 | 1997 | Jose Thomas
(3450)/1993 | 1993 |
| 19. | 3320 | Sagar Chand Mehra,
Director, (15.06.1966) | SC | 1989 | 1.7.1990 | 1998 | Km. Rukmani Kaurnakaran
(3441)/1994 | 1994 |
| 20. | 3422 | Ms. Margaret Gangte,
Director, (14.08.1964) | ST | 1990 | 1.7.1991 | 1999 | Subhash Chander
(3597)/1995 | 1995 |
| 21. | 3427 | Daniel E Richards,
Director, (26.10.1965) | ST | 1990 | 1.7.1991 | 1999 | Subhash Chander
(3597)/1995 | 1995 |
| 22. | 3457 | V. Srinivas, Director
(27.05.1961) | SC | 1990 | 1.7.1991 | 1999 | Subhash Chander
(3597)/1995 | 1995 |
| 23. | 3610 | Konthang Touthang,
Director, (06.06.1966) | ST | 1991 | 1.7.1992 | 2000 | Sewa Ram
(3632)/1996 | 1996 || S.
No. | CSL
No. | Name of DR SC/ST SO/
Present Designation / Date of
Birth | CAT | $\begin{aligned} & \text { DR } \ & \text { Batch } \end{aligned}$ | Approved
Service in SO
Count from | Present
US SL | Name of immediate junior in
SO grade with CSL No. and
US SL | The earliest USSL in
which the DR SO is
required to be
considered for inclusion |
| — | — | — | — | — | — | — | — | — |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
| 24. | 3640 | Surinder Pal Singh,
Director, (30.06.1966) | SC | 1991 | 1.7.1992 | 2000 | Darshan Lal
(3643)/1996 | 1996 |
| 25. | 3918 A | Balmiki Prasad, Director
(31.08.1962) | SC | 1993 | 1.7.1994 | 2002 | Surender Kr
(3991)/1998 | 1998 |
| 26. | 3922 A | Lucas L Kamsuan,
Director, (20.11.1970) | ST | 1993 | 1.7.1994 | 2002 | Surender Kr
(3991)/1998 | 1998 |
| 27. | 3962 A | Rajiv Manjhi, Director
(12.09.1968) | SC | 1993 | 1.7.1994 | 2002 | Surender Kr
(3991)/1998 | 1998 |