This order details the revision of the appointment and seniority of Sh. Arvind Singh to the Indian Administrative Service (IAS). Initially appointed in 2014, a writ petition was filed to ante-date his appointment to 2009 due to a prior provisional enlistment in the 2009 Select List. The High Court directed a review of his placement, and following compliance with the court’s order and UPSC’s decision, Sh. Arvind Singh is now deemed to have been notionally appointed to the IAS in 2009 with a revised year of allotment of 1999. This adjustment places him appropriately within the seniority list relative to his peers, Sh. Anil Raj Kumar and Sh. Prem Narayan.
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F.No. 22012/30/2016-AIS-I
Government of India
Ministry of Personnel, Public Grievances \& Pensions
Department of Personnel and Training
New Delhi dated the $1^{\text {st }}$ March, 2018
ORDER
WHEREAS, inter-alia Sh. Arvind Singh, a member of the State Civil Service of Uttar Pradesh, was appointed by promotion to the IAS of Uttar Pradesh Cadre from the Select List of 2014 vide this Department’s Notification No. 14015/22/2015-AIS(I)-B dated 24.09.2015.
AND WHEREAS, based upon his appointment from the Select List of 2014, Sh. Arvind Singh was granted Year of Allotment in IAS, as 2008, vide this Department’s Order No. 14014/04/2013-AIS-I dated 09.10.2015;
AND WHEREAS, Sh. Arvind Singh filed a Writ Petition No. 4756/2016 before the Lucknow Bench of the Allahabad High Court with the prayer to ante date his appointment and seniority in IAS from the Select list of 2014 to that of 2009;
AND WHEREAS, the Hon’ble High Court vide its order dated 04.03.2016 at the admission stage itself disposed of the W.P. with the following observations/ directions:
“The petitioner has placed on record the Select List of the year 2009 of the IAS Cadre in which his name is enlisted at Serial No. 9. It has been submitted that the petitioner was provisionally enlisted the IAS Cadre, since a departmental proceeding was pending against him which has been dropped now vide order dated $23^{\text {rd }}$ June, 2015 as after enquiry no charge was found proved against the petitioner. After exoneration from charges, since the petitioner has not been enlisted at proper place in the seniority list of IAS Cadre of 2009 as substantive capacity, he has represented to the Secretary Personnel and Training Department of the State Government. He has also pleaded that in an identical situation, one Sri Gaya Prasad has been given proper seniority in the Select List of 2010 of the IAS Cadre. He has further pleaded that another Sri Anil Raj Kumar who is placed in the Select List at serial no. 10 of the IAS Cadre, and is below to the petitioner, has been assigned seniority in the year 2010.
In view of the aforesaid submissions, we feel it appropriate to issue directions to the respondents no. $1 \& 2$ to take a decision for the proper placement of the petitioner in the seniority list of the IAS Cadre of the select list of 2009 substantively.
At this stage, we are informed that the petitioner is going to retire on $30^{\text {th }}$ April, 2016. Therefore, we stipulate the period for the respondents no. $1 \& 2$ to take a decision within a period of one month from the date of communication of this order.
Contd…P/2…-2-
AND WHEREAS, the name of Sh. Arvind Singh was also included in the previous Select List of 2009 at S.No. 9 in the zone of consideration as provisional subject to clearance in the disciplinary proceedings pending against him. The appointments from the Select List of 2009 were made on 27.11.2012. As no proposal was received from the Commission to make the name of Sh. Arvind Singh as ‘unconditional’ from the Select List of 2009 within the validity period (which was 60 days from 26.11.2012) Sh. Arvind Singh could not be appointed from the Select List of 2009;
AND WHEREAS, in compliance of the above order, UPSC vide their letter No. 6/20/2012-AIS dated 28.12.2016 has decided to declare the inclusion of the name of Sh. Arvind Singh at Sl. No. 7 in the Select of 2009 prepared by the Selection Committee Meeting held on 7th, 8th and 22nd November, 2012 for promotion to the IAS of Uttar Pradesh Cadre as “Unconditional and final”;
AND WHEREAS, Sh. Arvind Singh (D.O.B. 22.04.1956) has thus become entitled for notional appoint to IAS from the Select list of 2009 instead of the Select List of 2014 and fixation of his seniority/ Year of Allotment in IAS on that basis;
AND WHEREAS, in the Select List of 2009, the name of Sh. Arvind Singh was included at S.No. 7 above Sh. Anil Raj Kumar and below Sh. Prem Narayan;
NOW THEREFORE, in pursuance of directions of Hon’ble High Court of Allahabad, Lucknow Bench contained in the order dated 04.03.2016 in W.P. No. 4756 of 2016, Sh. Arvind Singh (D.O.B. 22.04.1956) shall be deemed to have been notionally appointed to IAS Cadre of Uttar Pradesh from the Select List of 2009 w.e.f. 27.11.2012, which is the date from which his immediate junior in the Select List, Sh. Anil Raj Kumar was appointed to IAS. His name shall now accordingly be inserted at S. No. 3A in this Department’s notification No. 14015/22/2102-AIS-I(B) dated 27.11.2012. Consequently Sh. Arvind Singh shall be entitled Year of Allotment as 1999 and will be placed below Sh. Prem Narayan (SCS:2000) and above Sh. Anil Raj Kumar (SCS:2000) in the gradation list of IAS officer of Cadre of Uttar Pradesh.
(By order and in the name of the President).
(Pankaj Gangwar)
Under Secretary to the Govt. of India
Tele No. 23093063
Copy to:
- The Chief Secretary, Govt. of Uttar Pradesh, Lucknow.
- Sh. Arvind Singh, through Chief Secretary, Govt. of Uttar Pradesh, Lucknow.
- The Secretary, Union Public Service Commission, Dholpur House, New Delhi (Kind Attn. : Sh. S.P. Singh, Deputy Secretary).
Internal Distribution: US(S.II)/RO(CM) US(S-III)/Guard File.