This order details the case of Shri Sheo Prakash Anjor, a former State Civil Service officer of Uttar Pradesh, and his appointment to the IAS cadre. Initially, his appointment was not notified due to his retirement from the State Civil Service before being considered for promotion. However, following a ruling by the Central Administrative Tribunal (CAT) on January 2, 2019, he is now deemed to have been appointed to the IAS cadre with all consequential benefits, effectively including his name in the 2006 Select List. The order directs the Uttar Pradesh government to implement the tribunal’s decision and re-fix his pension, treating him as if he had retired in the IAS.
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No. 22012/39/2017-AIS (I)
Government of India
Ministry of Personnel, Public Grievances \& Pensions
Department of Personnel \& Training
New Delhi, $8^{\text {th }}$
February, 2019.
ORDER
WHEREAS, inter-alia the name of Shri Sheo Prakash Anjor, a State Civil Service of Uttar Pradesh was included at SI. No. 2 in the Select List 2006 approved by the Union Public Service Commission on 26.11.2012 for promotion to IAS Cadre of Uttar Pradesh:
AND WHEREAS, this Department inter-alia notified the said Select List of 2006 vide notification No. 14015/22/2012-AIS.I(A) dated 27.11.2012.
AND WHEREAS this Department also notified appointments of unconditionally included officers therein and who were in service at that relevant point of time vide notification no. 14015/22/2012-AIS.I (B) dated 27.11.2012;
AND WHEREAS, while considering the appointment of SCS officers included in the aforesaid Select Lists to IAS cadre of Uttar Pradesh, it was observed that Shri Sheo Prakash Anjor ( Date of Birth: 10.08.1952) after attaining their age of superannuation, i.e. 60 years had already retired from the State Civil Service;
AND WHEREAS, it was observed that in terms of Regulation 9(1) of IAS (Appointment by Promotion) Regulations, 1955 only a member of the State Civil Service could be appointed to IAS;
AND WHEREAS, in view of the above rule position appointment Shri Sheo Prakash Anjor to IAS could not be notified;
AND WHEREAS, aggrieved by his non appointment to IAS, Shri Sheo Prakash Anjor filed OA No 830/2014 before the Hon’ble CAT, Principal Bench, New Delhi.
Contd…/-
AND WHEREAS, the Hon’ ble Tribunal, vide its judgement dated 02.01.2019 has allowed the OA with directions as under:
” 9. We, therefore, allow this OA and direct that the respondents shall include the name of applicant in the final Select List of IAS for the year 2006 in relation to UP State cadre. His pension shall be re-fixed by treating him as having retired in IAS. In case the pension is determined within three months from today, he shall not be entitled to any arrears that accrue up to that stage. If there is default, the feasibility of directing the payment of back wages would also be considered. There shall be no order as to costs.”
NOW THEREFORE, in pursuance of directions of Hon’ble Central Administrative Tribunal, Principal Bench contained in the order dated 02.01.2019 in OA. No. 830/2014 Shri Sheo Prakash Anjor will be deemed to have been appointed to IAS Cadre of Uttar Pradesh with all consequential benefits on the basis of inclusion of his name at SI. No: 2 in the Select List of 2006 not later than his immediate junior namely Sh. Shiv Shankar Singh appointed to IAS on the basis of the same Select List of 2006.
(By order and in the name of the President).
(Pankaj Gangwar)
Under Secretary to the Government of India
Copy to:
- The Chief Secretary, Govt. of Uttar Pradesh, Lucknow. The State Government is requested to take further necessary action with regard to implementation of the order of Hon’ble Tribunal expeditiously.
- Shri Sheo Prakash Anjor, through Chief Secretary, Govt. of Uttar Pradesh, Lucknow.
- The Secretary, Union Public Service Commission, Dholpur House, New Delhi (Kind Attn. : Sh. Kumar Vaibhav Gaur, Joint Secretary (AIS).
Internal Distribution : US(S.II)/RO(CM)/US(S-III)/Guard File.