This order details amendments to seniority regulations for IAS, IPS, and IFoS officers in the Madhya Pradesh cadre, stemming from court cases and departmental reviews. It addresses the application of amended regulations prospectively, the fixing of seniority for officers appointed against vacancies, and the counting of service in the Deputy Collector rank. The document includes detailed lists (Select Lists 2008-A, 2009, 2010, and 2011) outlining the seniority and year of allotment for numerous officers, with specific notes on restrictions and placements based on court rulings and departmental rules. It supersedes previous orders on the matter and is subject to court outcomes.
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No. 14014/03/2007-AIS-I
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block, New Delhi
Dated $25^{\text {th }}$ January, 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 1.2.2010 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.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 $31^{\text {st }}$ December of the vacancy year against which he has been appointed to the IAS.
5. And whereas, the seniority /year of allotment of officers appointed by promotion to IAS of Madhya Pradesh cadre from Select List 2008-A, 2009, 2010 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 regulations Rules 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:
Weightage Formula as per pre-amended Seniority Rules is as under:-
| Completed years of qualifying service | Weightage in years |
|---|---|
| 12 | 4 |
| 15 | 5 |
| 18 | 6 |
| 21 | 7 |
| 23 | 8 |
| 25 | 9 |
| 27 | 10(Maximum) |
Page 1 of 6
| $\begin{aligned} & \text { SI No. } \ & \text { Name of the Officer (S/ShrilSmt) } \end{aligned}$ | Date from which holding rank not below that of Dy. Collector in SCS or equivalent | Completed year of service rendered in the rank not below that of Deputy Collector or equivalent upto the $31^{\text {th }}$ December of the year for which the meeting of the committee to make selection was held to prepare the Select List on the basis of which the said officer(s) were appointed to IAS (Fractions if any, are to be ignored) i.e. 31.12 .2008 . | Year of allotment entitled | Year of Allotment assigned | ||||
|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | |
| 1 | Narayan Pd. Daheriya |
01.06 .1982 | 26 | 9 | 1999 | Shri Mathuresh Babu Ojha allotted 2001 on the basis of SL of 2008. |
$2001^{*}$ | |
| 2 | Ashutosh Awasthi | 25.11 .1985 | 23 | 8 | 2000 | As at S. No. 01 in column no. 2 |
$2001^{*}$ | |
| 3 | Ashok Kumar Bhargava | 16.04 .1987 | 21 | 7 | 2001 | As at S. No. 02 in column no. 2 | 2001 | |
| 4 | Masood Akhtar | 07.02 .1987 | 21 | 7 | 2001 | As at S. No. 03 in column no. 2 | 2001 | |
| 5 | Rajendra Singh | 24.11 .1986 | 22 | 7 | 2001 | As at S. No. 04 in column no. 2 | 2001 | |
| 6 | Janak Kumar Jain | 24.11 .1986 | 22 | 7 | 2001 | As at S. No. 05 in column no. 2 | 2001 | |
| 7 | Rajesh Bahuguna | 25.11 .1986 | 22 | 7 | 2001 | As at S. No. 06 in column no. 2 | 2001 | |
| 8 | Mahesh Chandra Choudhary | 24.11 .1986 | 22 | 7 | 2001 | As at S. No. 07 in column no. 2 | 2001 | |
| 9 | Anand Kumar Sharma | 24.11 .1986 | 22 | 7 | 2001 | As at S. No. 08 in column no. 2 | 2001 | |
| 10 | Dayal Das Agarwal | 24.11 .1986 | 22 | 7 | 2001 | As at S. No. 09 in column no. 2 | 2001 | |
| 11 | Rajneesh K Shrivastava | 24.11 .1986 | 22 | 7 | 2001 | As at S. No. 10 in column no. 2 | 2001 |
- Seniority/year of allotment of officers mentioned at SI. No. 1 and 2 in the Select List of 2008-A 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.
6.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, officers of Select List of 2008-A mentioned at SI. No. 1 to 11 shall be placed below Shri Mathuresh Babu Ojha, junior most promotee IAS officer of 2001 batch (SL of 2008) and above Shri Ajeet Kumar, senior most RR IAS officer of 2002 batch of Madhya Pradesh Cadre.
7.
Select List-2009
(Prepared against vacancies arisen between 01.01.2009 to 31.12.2009)
- Seniority/year of allotment of officers mentioned at SI. No. 1, 3 to 5 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.
7.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, officer of Select List of 2009 mentioned at SI. No. 1 shall be placed below Shri Rajneesh K. Shrivastava, junior most promotee IAS officer of 2001 batch and above Shri Ajeet Kumar, senior most RR IAS officer of 2002 batch of Madhya Pradesh Cadre.
7.2 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, officers of Select List of 2009 mentioned at SI. No. 2 to 5 shall be placed below Shri B. Chandrashekhar, junior most RR IAS officer of 2002 batch and above Dr. Sanjay Goel, senior most RR IAS officer of 2003 batch of Madhya Pradesh Cadre.
8.
Select List – 2010
(Prepared against vacancies arisen between 01.01.2010 to 31.12.2010)
Page 4 of 6
8.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, officers of Select List of 2010 mentioned at SI. No. 1 to 7 shall be placed below Shri Promod Kumar Gupta junior most promotee IAS officer of 2002 batch (SL of 2009) and above Dr. Sanjay Goel, senior most RR IAS officer of 2003 batch of Madhya Pradesh Cadre.
9.
Select List – 2011
(Prepared against vacancies arisen between 1.1.2011 to 31.12.2011)
| 13. | Ajay
Gangvar | 01.05 .1989 | 22 | 7 | 2004 | As at Sr. No. 12 in col. 2 | 2004 |
| — | — | — | — | — | — | — | — |
| 14. | Smt. Aruna Gupta | 01.05 .1989 | 22 | 7 | 2004 | As at Sr. No. 13 in col. 2 | 2004 |
| 15. | Ashok
Verma | 07.05 .1990 | 21 | 7 | 2004 | As at Sr. No. 14 in col. 2 | 2004 |
| 16. | Rajesh
Jain | 07.05 .1990 | 21 | 7 | 2004 | As at Sr. No. 15 in col. 2 | 2004 |
| 17. | Ravindra Singh | 07.05 .1990 | 21 | 7 | 2004 | As at Sr. No. 16 in col. 2 | 2004 |
- Seniority/year of allotment of officers mentioned at SI. No. 1, 4 to 6 in the Select List of 2011 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. 9.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, officers of Select List of 2011 mentioned at SI. No. 1 to 10 shall be placed below Shri Dnyaneshwar B. Patil, junior most RR IAS officer of 2003 batch and above Shri Raghuraj M.R., senior most RR IAS officer of 2004 batch of Madhya Pradesh Cadre. 9.2 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, officers of Select List of 2011 mentioned at SI. No. 11 to 17 shall be placed below Shri Lokesh Kumar Jatav, junior most RR IAS officer of 2004 batch and above Shri Rahul Jain, senior most RR IAS officer of 2005 batch of Madhya Pradesh Cadre.
- This will supersede this Department’s orders of even number dated 20.4.2012, 29.05.2014 and 11.03.2016.
- 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: 23094142
Copy to:-
- The Chief Secretary, Government of Madhya Pradesh, Bhopal 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.
- The Accountant General, Madhya Pradesh, Bhopal
- US(S-II)/US AIS-III)
- EO (PR)/RO (CM)
- NIC, for uploading on the DOPT’s website.