This document details the implementation of amended seniority regulations for IAS/IPS/IFoS officers in the Kerala cadre, following court rulings and subsequent departmental orders. It addresses the determination of seniority based on the ratio established in the Praveen Kumar case, the application of these regulations prospectively from 18.04.2012, and the fixing of seniority for officers appointed against vacancies arising between 1.2.2010 and 18.4.2012. The order specifically reviews and re-determines the seniority/year of allotment for officers appointed by promotion to IAS of Kerala cadre from the Select Lists of 2008-A and 2009, applying pre-amended seniority rules and clarifying the application of weightage formulas. It also outlines the placement of officers within seniority lists based on specific rules and provides instructions for transmission to relevant authorities and withdrawal of pending court cases.
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No. 14014/30/2005-AIS-I
Government of India
Ministry of Personnel, Public Grievances \& Pensions
(Department of Personnel \& Training)
North Block, New Delhi
Date 15.02.2018
ORDER
Whereas, 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 therefore, the seniority /year of allotment of officers appointed by promotion to IAS of Kerala cadre from Select List 2008-A and 2009, 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 seniority 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 |
| 23 | 8 |
| 25 | 9 |
| 27 | 10 (Maximum) |
- Select List-2008-A (Prepared against vacancies arisen between 1.1.2008 to 31.12.2008)
| Sl. No. | Name of the Officer (S/ShrilSmt) | Date from which holding continuous service in SCS not below the rank of Deputy Collector | Completed year of service rendered in the rank not below that of Deputy Collector or equivalent upto the 31st 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 (AS (Fractions if any, are to be ignored) i.e. 31.12.2008. | Total weightage in years in terms of the (AS (Regulation of Seniority) Rules, 1987 as amended from time to time, till date. | Year of allotment entitled | Name, year of SL and YOA of the officer in EO (SCS), immediately senior to the one whose name is in column no. 02. | Year of Allotment assigned |
|---|---|---|---|---|---|---|---|
| 1 | K. Ramachandran | 17.06.1996 | 12 | 4 | 2004 | Shri T. Bhaskaran allotted 2004 on the basis Select list of 2008. | 2004 |
| 2 | C.A. Latha | 19.07.1996 | 12 | 4 | 2004 | As at Sr No. 1 in Col. 2 | 2004 |
| 3 | K.S. Saramma # | 21.04.1997 | 11 | 4 | 2004 | As at Sr No. 2 in Col. 2 | 2004 |
Since, retired.
6.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officers whose names have been mentioned at SI. No. 1 to 3 of the select list of 2008-A shall be placed below Shri T. Bhaskaran, junior most promotee IAS officer of 2004 batch (SL-2008) above Shri Biju Prabhakar, the senior most promotee IAS officer(Non-SCS) of 2004 batch of Kerala cadre.
7.
Select List-2009
(Prepared against vacancies arisen between 1.1.2009 to 31.12 .2009 )
# Since, retired.
- Seniority/year of allotment of officers mentioned at SI. No. 2 in the Select List of 2009 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 officers whose names have been mentioned at SI. No. 1 to 2 of the select list of 2009 shall be placed below Shri Pranabjyoti Nath, only RR IAS officer of 2005 batch and above Shri V. Ratheesan, promotee IAS officer of 2005 batch(Non-SCS category) of Kerala cadre.
8. This issues with the approval of Secretary (P) in supersession of this Department’s order No. 14014/30/2005-AIS.I dated 01.05.2013 and 6.12.2013.
9. This 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 Kerala, Thrivananthapuram for onward transmission to the officer concerned. It is also requested that necessary steps may be taken to withdraw all the cases, if any, on the similar issue pending in any court of law.
- The Accountant General, Government of Kerala, Thrivananthapuram.
- $E O(P R) / R O(C M) /$
- US(S-II)/US-AIS. III)
- EO (PR)/RO (CM)
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