F.No.14014/09/2023-AIS.I
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi.
Dated 6th June, 2023.

ORDER

Consequent upon appointment from the State Civil Service to IAS of Madhya Pradesh, Iadre from the Select List 2020 vide this Department’s Notification No.14015/13/2021-AIS.I-B dated 17.01.2022, seniority/year of allotment of the officers was fixed vide this Department’s order No.14014/03/2022-AIS.I dated 25.01.2022.

1. Shri Niyaz Ahmed Khan on completion of 19 years of service was allotted 2015 as year of allotment and Smt. Neetu Mathur, who joined State Civil Service late and had rendered only 16 completed years of service was allotted 2016 as year of allotment in terms of Proviso to Rule 3(3)(ii) of IAS (Regulation of Seniority) Rules 1987, which provides 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.

2.1. Smt. Anju Pawan Bhadoria, Ms. Jamuna Bhide, Ms. Rakhi Sahay, Shri Sanjay Kumar Jain, Ms. Sheela Dahima and Smt. Bidisha Mukherjee were allotted 2016 as year of allotment accordingly, though they had completed more than 16 years of service.

1. The State Government of Madhya Pradesh vide his letter No.E-1/7/2021/5/Ek dated 24.02.2023 has stated that:

   (i) Shri Niyaz Ahmed Khan has been appointed to the State Civil Service from the waiting list for the examination year 1997 and joined the service w.e.f. 03.11.2001 and placed below Shri Ajay Dev and above Shri Manoj Malviya in the Seniority List of SCS 1999.

   (ii) Smt. Neetu Mathur was selected to the post of Deputy Collector from the State Civil Service examination 1997 under SC category but due to discrepancy in the Caste Certificate, offer of appointment was not issued to her. Later on, in compliance of order dated 16.09.2003 passed by Hon’ble Madhya Pradesh High Court at Jabalpur in W.P. No. 1160 of 2003, she was allowed to join the post of Deputy Collector on probation w.e.f. 07.05.2004 vide Office Order dated 05.05.2004. Accordingly, her joining date is mentioned as 07.05.2004 in the records.

   (iii) Smt. Neetu Mathur was confirmed in the service on 07.05.2006 but vide Office Order dated 21.12.2015, she was confirmed in the service notionally w.e.f. 23.09.2001. She was accordingly promoted to SAG w.e.f. 01.08.2007 by taking into account the notional date of appointment as 23.09.2001.

   (iv) While sending the proposal to UPSC for appointment to IAS, the date of joining and confirmation on Smt. Neetu Mathur were communicated as 07.05.2004 and 07.05.2006 respectively. Further, in the case of Shri Niyaz Ahmed Khan, his date of joining was communicated to UPSC as 03.11.2001.

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   1. The State Government of Madhya Pradesh on receipt of representations from the officers, has decided vide its Office Orders dated 02.02.2023 to appoint Shri Niyaz Ahmed Khan and Smt. Neetu Mathur notionally w.e.f. 01.09.1999 and 01.09.1999 respectively and has requested this Department to re-determine the seniority/ year of allotment of these officers by taking notional/ deemed appointment date of deemed appointment.
2. Keeping in view the directions of Hon’ble High Court in its order dated 16.09.2003 and the observations that the delay in joining cannot be attributed to the officers as accepted by the State Government of Madhya Pradesh vide their order dated 02.02.2023, the Competent Authority considered the matter and decided to determine the seniority /year of allotment of Shri Niyaz Ahmed Khan and Smt. Neetu Mathur by counting their service in the post of Deputy Collector w.e.f. 01.01.1999 respectively in relaxation of Rules 3(3)(ii) of IAS (Regulation of Seniority) Rules, 1987 by invoking the powers conferred under AIS (Conditions of Service-Residuary Matters) Rules, 1960.
3. In view of the above, the seniority/year of allotment of the officers of Select List 2020 is hereby re-determined under Rule 3(3) (ii) of IAS (Regulation of Seniority), Rules 1987 and other relevant Rules as amended from time to time as per following weightage formula:

6.1. Select List of 2020 (SCS Category)

(Against vacancies arisen between 01.01.2020 to 31.12.2020)

• Seniority/year of allotment of officer mentioned at SI. No. 5 and 6 in the Select List of 2020 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.
  6.1.1. As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, officers mentioned at SI. No. 1 to 13 in the Select List of 2020 (SCS Category) shall be placed below Shri Lokesh Kumar Ramchandra Jangid, junior most RR IAS officer of 2014 batch and above Shri Sanskriti Jain, senior most RR IAS officer of 2015 batch of Madhya Pradesh Cadre.
  6.1.2. As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, officers mentioned at SI. No. 14 to 17 in the Select List of 2020 (SCS Category) shall be placed below Shri Ghuncha Sanobar, junior most RR IAS officer of 2015 batch and above Shri Ashish Tiwari, senior most RR IAS officer of 2016 batch of Madhya Pradesh Cadre.

1. The above fixation of seniority/year of allotment is subject to the final outcome of OA No.242/2018 (Sh. Vinay Singh), OA No.403/2018 (Sh. Arun Parmar), OA No.379/2018 (Sh. Rajesh Ogrey), OA No.482/2018 (Sh. Vivek Shrotriya), OA No.380/2018 (Smt. Bharto Ogrey), WP No.1712/2018 (Dr. Warad Murti Mishra) and other connected cases.

1. This issues in supersession of this Department’s order No.14014/03/2022-AIS.I dated 25.01.2022.
   (Udai Bhan Singh)
   Under Secretary to the Government of India
   Tel: 23094142
   Copy to:
2. The Chief Secretary, Government of Madhya Pradesh, General Administration Department, Bhopal for onward transmission to the officer concerned.
3. The Accountant General, Government of Madhya Pradesh, Bhopal, Madhya Pradesh.
4. US(S-II)/AIS (III)
5. EO (PR)/RO (CM)
6. NIC, for uploading on DOPT’s website.