This document details amendments to seniority regulations for IAS/IPS/IFOS officers in the Manipur cadre, stemming from court cases and subsequent orders. It addresses the determination of seniority based on allotment year, service rendered as Deputy Collector, and clarifies placement within seniority lists for officers appointed between 2009 and 2011. The orders aim to resolve discrepancies arising from previous interpretations of seniority rules and establish a clear order of precedence among officers, superseding earlier orders on the matter. The document outlines specific placements within seniority lists for officers of the 2009, 2010, and 2011 batches, referencing relevant rules and court decisions.
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No. 14014/18/2004-AIS-I
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel and Training
North Block, New Delhi
Date 06.02.2018
ORDER
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 31st 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 Manipur cadre from Select List 2009-A, 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 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 |
6.1. As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officers whose name has been mentioned at SI. No. 1 and 2 of the select list of 2009-A shall be placed in order of seniority in the 2002 batch of Manipur Cadre.
(Prepared against vacancies arisen between 1.1.2010 to 31.12.2010)
| 6 | M. Harekrishna | 09.02 .1988 | 22 | 7 | 2003 | As at SI No. 5 in col.2. |
$2004^{*}$ |
| 7 | M Joy Singh | 23.09 .1991 | 19 | 6 | 2004 | As at SI. No. 6 in col.2. |
2004 |
| 8 | M. Yaiskul Meitei | 23.09 .1991 | 19 | 6 | 2004 | As at SI No. 7 in col.2. |
2004 |
| 9 | Bobby Waikhom | 23.09 .1991 | 19 | 6 | 2004 | As at SI. No. 8 in col.2. |
2004 |
| 10 | Smt. Limneikim Singson (ST) |
23.9.1991 | 19 | 6 | 2004 | As at SI. No. 9 in col.2. |
2004 |
| 11 | Lunminthang Haokip(ST) |
23.09.1991 | 19 | 6 | 2004 | As at SI No. 10 in col.2. |
2004 |
| 12 | S. Minlianthang Vaiphei (ST) |
23.09.1991 | 19 | 6 | 2004 | As at SI. No. 11 in col.2. |
2004 |
- Seniority/year of allotment of officers mentioned at SI. No. 4 to 6 in the Select List of 2010 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, the officer whose name has been mentioned at SI. No. 1 of the select list of 2010 shall be placed below Shri Sumit Singh, junior most RR IAS officer of 2003 batch and above Ms. Nidhi Kesarwani, senior most RR IAS officer of 2004 batch of Manipur cadre.
7.2. As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officers whose name have been mentioned at SI. No. 2 to 12 of the select list of 2010 shall be placed below Shri Devesh Deval, junior most RR IAS officer of 2004 batch and above Ms. Jcintha Lazarus, senior most RR IAS officer of 2005 batch of Manipur cadre.
| Name of the Officer (S/Shr/Smt) | Date from which holding continuous service in a post of Deputy Collector of SCG 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. $3^{\text {th } .12 .2011}$ | |||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| 1 | Smt Kholia Lorho | 19.03.1996 | 15 | 5 | 2006 | Shri S Minlianthang Vaiphei allotted 2004 on the basis of select list of 2010 |
2006 |
| 2 | H Rupachandra Singh Ningam Chamroy |
19.03.1996 | 15 | 5 | 2006 | As at SI No. 1 in col. 2 |
2006 |
| 3 | L Nabakishwar Singh |
01.06.1996 | 15 | 5 | 2006 | As at SI No. 2 in col. 2 |
2006 |
| 4 | L Nabakishwar Singh |
10.06.2002 | 9 | 4 | 2007 | As at SI No. 3 in col. 2 |
2007 |
8.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officers whose names has been mentioned at SI. No. 1 to 3 of the Select List of 2011 shall be placed below Shri R. Sudhan, junior most RR IAS officer of 2006 batch and above Shri Ningthoujam Geoffrey, senior most RR IAS officer of 2007 batch of Manipur cadre.
8.2 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officer whose name has been mentioned at SI. No. 4 of the Select List of 2011 shall be placed below Shri Chiphang A. Worchuiyo, junior most RR IAS officer of 2007 batch and above Shri Hrisheekesh A. Modak, senior most RR IAS officer of 2008 batch of Manipur cadre.
9. This will supersede this Department’s order of even number dated 9.2.2013 and 23.1.2014.
10. 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 Manipur, Imphal for onward transmission to the officer 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, Imphal, Manipur.
- US (S-II)/AIS (III)
- EO (PR)/RO (CM)
5/ NIC, for uploading on the DoPT’s website