This order details the case of Shri N M Chavda’s appointment to the Indian Administrative Service (IAS) in the Gujarat Cadre. Initially recommended for inclusion in the 2003 Select List, his appointment was provisional due to disciplinary proceedings. Following the quashing of the punishment by the Gujarat High Court and subsequent direction from the court, a Review Committee re-assessed his service records and recommended his inclusion. The Union Public Service Commission approved this recommendation, leading to his notional appointment to the IAS with effect from June 15, 2004, and entitlement to notional benefits until his superannuation.
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No. 14015/39/2018-AIS(I)
Government of India
Ministry of Personnel, Public Grievances \& Pensions
Department of Personnel \& Training
New Delhi $26^{H}$ November, 2018
ORDER
Whereas, in the case of appointment by promotion from the State Civil Service (SCS) of Gujarat to the Indian Administrative Service, the name of Shri N M Chavda was recommended for inclusion at SI. No. 6 in the Select List of 2003, prepared against 11 vacancies, by the Selection Committee in its meeting held on 18.11.2003;
And Whereas, however, subsequently on the proposal of the State Government of Gujarat, the Union Public Service Commission, vide their letter dated 11.06.2004, approved the Select List with the modifications that the inclusion of the name of Sh. N M Chavda at SI. No. 6 in the Select List of 2003 shall be provisional subject to the clearance of disciplinary proceedings pending against him and grant of integrity certificate by the State Government.
And Whereas, therefore Sh. N M Chavda could not be appointed to IAS, Gujarat Cadre from the Select List of 2003.
And Whereas, subsequently the disciplinary proceedings initiated by the State Government against Sh. N M Chavda, culminated into penalty, of reduction of his pay scale by two stages for two years with future impact. However this punishment was quashed by the Hon’ble High Court of Gujarat, vide their order dated 05.10.2016 in SCA No. 14975.
And Whereas Sh. N M Chavda then filed LPA No. 185 of 2017 in SCA No. 14975 of 2005 and the Hon’ble High Court, vide their order dated 01.05.2018 directed as under:
“….. At this stage, Mr. G. M. Joshi, learned counsel for the appellant requests for consequential benefits of allowing the appeal and setting aside the order of learned Single Judge be conferred upon the appellant, including that of seniority, promotion, pension, gratuity, retiral dues, pension, difference of salary etc within stipulated time. Considering the facts of the case, we are inclined to direct the respondent – Government of Gujarat to release all such consequential benefits to the appellant within a period of 4 weeks from today…”
And Whereas, the State Government forwarded a proposal to the Union Public Service, in this regard, and the Commission, after examining the case, decided to hold a Review Selection Committee Meeting.
And Whereas, The Review Committee, in its meeting held on 06.07.2018, examined the service records of Shri N M Chavda for the years 1997-98 to 2001-02. On an overall relative assessment of his service records, the Review Committee assessed him as “Very Good”. On the basis of this assessment, the Review Committee recommended for inclusion of the name of Shri N M Chavda (DoB: 01.06.1952) at SI. No. 6 above the name of Shri J D Bhad and below the name of Shri G S Bokhani in the Select List of 2003.
And Whereas, the recommendations of the above mentioned Review Committee have since been approved by the Union Public Service Commission on 14.11.2018.
Now therefore, in compliance with the order dated 01.05.2018 passed by Hon’ble High Court of Gujarat in LPA No. 185 of 2017 in SCA No. 14975 of 2005 and in exercise of the powers conferred by sub-rule (1) of Rule 8 of the Indian Administrative Service (Recruitment) Rules, 1954 read with sub-regulation (1) of Regulation 9 of the Indian Administrative Service (Appointment by Promotion) Regulations, 1955 and Rule 3 of the Indian Administrative Service (Probation) Rules, 1954, the President is pleased to notionally appoint Shri N M Chavda (DoB: 01.06.1952) to the Gujarat Cadre of the Indian Administrative Service w.e.f. 15.06.2004, i.e. the date on which his immediate junior included in the Select List of 2003, was appointed to IAS. Shri N M Chavda is entitled for notional benefits of pay in IAS till his notional date of superannuation in IAS and thereafter actual benefits of pension accordingly.
(By order and in the name of the President)
(Pankaj Gangwar)
Under Secretary to the Government of India
Copy to:
- The Chief Secretary, Government of Gujarat, Gandhinagar [ Kind Attn. Sh. Ashok Dave, OSD \& AS (GAD) ]. A copy of the above order may please be communicated to the officer concerned. The State Government is further requested to fix the notional pay of the officer in IAS and thereafter pass upon the consequential benefits of pension to him urgently.
- The Secretary, Union Public Service Commission, Dholpur House, Shahjahan Road, New Delhi (Kind Attn. Sh. K. V. Gaur, Joint Secretary, AIS).
