No.6/6/2018-CS.I(S) Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training

2nd Floor, Lok Nayak Bhavan, Khan Market, New Delhi-110003, dated the 26th November, 2018

OFFICE MEMORANDUM

Subject: Zone of consideration for inclusion in Select List of Section Officers’ Grade of CSS for the years 2017 against Seniority Quota (SQ) – regarding

The undersigned is directed to convey the approval of the Competent authority for issue of zone of consideration for inclusion in Select List (Seniority Quota) of 2017 in the Section Officers’ Grade of CSS (as per the Annexure-I attached). The zone has been prepared in terms of CSS Rules, 2009 read with CSS (preparation of Select Lists for the Section Officers’ and Assistants’ Grades) Regulations, 2013. The vacancies against which the officers have been included in the Select List relate to the period from 01.07.2017 to 30.06.2018. The size of the Select List 2017 (SQ) shall be as under:

*Inclusive of 44 ST Officers included on merit.

1. One of the conditions as per CSS Rules, 2009 and regulations issued there-under for inclusion in the Select List for a particular year is that the officer should have undergone and successfully completed such mandatory training programmes as may be prescribed by the Government. Successful completion of level ‘B’ Training is necessary for promotion to the grade of Section Officer. The following 09 officers, have exhausted all the available three/two nominations, as the case may be and are not eligible for further nomination. They have, therefore, been excluded from the zone of promotion:

2.1 If these officers have anything to represent against their exclusion from the zone, they may do so, through proper channel, within 15 days from the date of issue of this OM. Any representation received after the due date will not be considered.

Gnds.- 2 .3. Additional zone of consideration in respect of 19 officers for inclusion in the Select List 2017 has been prepared in lieu of those 19 officers who are in the zone of consideration but retiring on superannuation/retired voluntarily etc. within the same Select List Year 2017, in terms of this Department’s O.M. No.22011/18/87-Estt(D) dated 09.04.1996 as per the details given below:

1. While every effort has been made to incorporate the correct details of the officers w.r.t. their seniority, date of birth, place of posting etc., in case any discrepancy is noted, the same may be intimated to this Department for rectification at the earliest, latest by 07.12.2018.
2. If any of the official included in the zone has left CSS prior to 01.07.2017 (i.e. the crucial date for promotion) for any reason viz. voluntary retirement, resignation, death etc, DPC in respect of them should not be held and the same should be intimated to CS.I Division.
3. The cadre unit authorities are requested to take immediate action for conducting DPC as per Regulation 5 of CSS (preparation of Select Lists for the Section Officers’ and Assistants’ Grades) Regulations, 2013 in respect of (i) all the officials included in the zone (including persons retired on or after 1.7.2017) (as per Annexure-I); (ii) the officials covered in previous zones (upto Select List 2016) in whose cases DPC recommendations have been kept in sealed cover on earlier occasions as per DPC guidelines and those who have refused promotion earlier, subject to debarment conditions.
4. However, the following five officers included in the zone have not yet completed the Level B Training successfully but have not exhausted the maximum nominations allowed under CTP for CSS Officers:-

| Sl.
No. | Name of the officer | DOB | Cadre Unit |
| — | — | — | — |
| 1 | Shiv Charan | $10-04-79$ | Expenditure |
| 2 | Pradeep Kumar Yadav | $18-05-78$ | DOP\&T |
| 3 | Harsh Vardhan | $30-10-61$ | Rural Development |
| 4 | Kishore Kumar | $01-01-61$ | DOP\&T |
| 5 | Shauakat Rai | $03-09-61$ | Expenditure |

7.1. The DPC in respect of these officers shall, therefore, be conducted by the respective cadre unit only after they complete the Level B Training successfully. 8. The composition of DPC as per regulation 5 of CSS (preparation of Select Lists for the Section Officers’ and Assistants’ Grades) Regulations, 2013 shall be as under: i) Joint Secretary level officer-Chairperson ii) Three Directors or DS level officers-Members iii) Under Secretary-Member9. Ministries/Departments, where the officials approved for inclusion in the zone for SOSL-2017 (Annexure-I) are posted, are requested to notify the appointment of these ASOs to the grade of Section Officer on regular basis once they are found ‘FIT’ by the respective DPCs. In terms of Rule 2 (c) (iii) of CSS Rules, approved service in the grade of Section Officer will count from $1^{\text {st }}$ July 2017. However, in terms of DPC guidelines, promotions are effective from a prospective date only and no notional fixation of pay from a date prior to the date of actual promotion will be allowed. If any officer included in the zone is working in any cadre other than the one indicated against his/her name, the cadre unit, where he/she is presently posted may conduct DPC in respect of him/her, without referring the matter to this Department.
10. Notification for regular promotion should be issued subject to the following conditions:
(i) the official concerned is clear from vigilance angle in terms of this Department’s O.M. No.22034/4/2012-Estt.(D) dated 02.11.2012 and other relevant instructions on the subject;
(ii) Successful completion of Level ‘B’ Training of the officer may again be got verified from service records if he/she does not fall in the exempted category (58+).
(iii) If an officer is undergoing penalty, notification should not be issued for regular promotion and in such cases notification should be issued only after the currency of the penalty is over in terms of DoPT’s O.M. No.22034/5/2004-Estt.(D) dated 15.12.2004. Such cases should also be informed to this Department.
(iv) The officers, who were in service on the crucial date i.e. as on 1.7.2017 but have since retired as ASO/Section Officer (ad-hoc) subsequently on superannuation or otherwise, have also been included in the Select List of Section Officers in terms of this Department’s OM No. 22011/4/98-Estt. (D) dated 12.10.1998 to identify the correct zone of consideration for the relevant Select List. However, their appointment should not be notified as retired persons would not be available for actual promotion from a prospective date.
11. Details of persons promoted and otherwise, may be intimated to this department in the prescribed proforma (Annexure-II) to enable further necessary action to finalize the SO SL 2017 (SQ). The DPC in respect of all the officers may be completed in a time bound manner and in any case not later than 31.12.2018 and notifications issued subject to conditions mentioned above and also subject to the orders/outcome of the following court cases and also any other order by any Competent Court in any of the connected matters, apart from these:
(i) SLP (Civil) No.30621/2011, SLP No.31288/2017 and Contempt Petition No.314/2016 in Supreme Court of India.
(ii) OA No.823/2013 filed by Shri Deepak Malhotra \& Ors vs. UOI12. All those officials who are included in the Select List 2017 may be retained in their respective cadre units on their promotion within the sanctioned strength of the cadre unit in the SO grade. But details of officers who have been found fit by the DPC but cannot be accommodated due to non-availability of vacancy may also be intimated to this Department for their allocation to some other cadre unit, where vacancy exists.
13. Some officers included in the zone of promotion for Select List of Section Officers’ Grade for the year (Seniority Quota) may be on deputation as on date. To avail the benefit of promotion, such officers have two options:
(i) They may repatriate to their parent cadre; or
(ii) They may avail proforma promotion from the date of promotion of their immediate junior.
All Ministries/Departments are, therefore, requested to consider the requests for proforma promotion, if any, in terms of extant instructions and issue necessary orders without referring the matter to this department.
14. Copy of notifications/orders for promotion or inclusion in SO SL 2017 (SQ) should invariably be endorsed to this Department for records. The fact that the appointment of the officer would be subject to further orders which may be passed by the Hon’ble Supreme Court/CAT in the court cases mentioned in para 11 above and orders of any competent court in any connected matter, should clearly be mentioned in the promotion order/notification.

(Chandra Sekhar)

Under Secretary to the Government of India
Tele : 24624046
Encl: As above
To

1. Cadre authorities of CSS (DS/Director(Admn.)]
2. General Secretary, CSS Section Officers’ Association, Mezzanine Floor, Sanchar Bhavan, New Delhi.
3. US (CS-II)/US (CS.I-A)Zone of consideration for inclusion in Section Officers’ Select List 2017 (SQ)

-12-# Annexure-II to OM No.6/6/2018-CS.I(S) dated $26^{\text {th }}$ November, 2018

Cadre Unit:

List containing the names of officers included in the zone, who have been found fit/not found fit and promoted/not promoted to the Grade of Section Officer against Select List year 2017 in pursuance of DoPT OM No.6/6/2018-CS.I(S) dated $26^{\text {th }}$ November, 2018

| SI.No. | SI.No. in
the
Zone | Name \& DOB | Category | CSL No. or
SL/SI.No.
in the
Assistant
Grade | Date of
DPC | Fit/Unfit | Promoted/
Not
Promoted | If found fit
and
promoted,
date of joining
as SO on
regular basis | If DPC not
held, unfit or
found fit but
not promoted,
reasons* for
the same |
| — | — | — | — | — | — | — | — | — | — |
| | | | | | | | | | |
| | | | | | | | | | |

• Superannuated/VRS w.e.f./Died on/yet to qualify the mandatory training/non-availability of vacancy/on leave/on deputation/under suspension/Sealed cover case/left the cadre before the crucial date, non-availability of ACRs/APARs etc.