In a significant development, two former State Civil Service officers, Shri Digeshwar Tiwari and Shri Mukund Das, will be deemed notionally appointed to the Indian Administrative Service (IAS) Cadre of Jharkhand. This decision comes after a directive from the Central Administrative Tribunal (CAT), Patna Bench. Initially, despite being recommended for promotion to the IAS from the 2017 Select List, their appointments were not notified because they had superannuated and ceased to be members of the State Civil Service, which is a requirement under the IAS (Appointment by Promotion) Regulations, 1955. Following their appeal to the CAT, the tribunal ruled in their favour on October 18, 2024, instructing the government to consider their case and issue promotion orders on a notional basis. This includes granting them consequential benefits, such as revised pension, effective from the date their juniors were promoted. The government is now mandated to complete this process within four months.
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No. 14015/10/2019-AIS(I) Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi
Dated: 20.01.2025
ORDER
WHEREAS, Central Government in consultation with the State Government of Jharkhand had determined 12 vacancies to be filled through promotion from State Civil Service Officers of Jharkhand to the IAS Cadre from the Select List of 2017.
AND WHEREAS, the Selection Committee Meeting for preparation of Select List of 2017 & 2018 was convened on 27.10.2020. Against 12 vacancies of the Select List of 2017, the normal zone of consideration was 36.
AND WHEREAS, Shri Digeshwar Tiwari and Shri Mukund Das were considered by the Selection Committee and were recommended for the appointment by promotion to the IAS Cadre. The names of the officers were placed at Sl. No. 5 and 9 respectively.
AND WHEREAS, the recommendations of the Selection Committee were agreed to by the State Government of Jharkhand, the Central Government and finally approved by the UPSC on 15.04.2021.
AND WHEREAS, upon receiving the approval of the UPSC on the recommendations of the Selection Committee, this Department notified the Select List 2017 vide Notification No. 14015/10/2019-AIS(I)-A dated 11.05.2021, wherein the names of Shri Digeshwar Tiwari and Shri Mukund Das were mentioned at Sl. No. 5 and 9 respectively.
AND WHEREAS, this Department had also notified appointments of unconditionally included officers therein and who were members of State Civil service (SCS) at that relevant point of time vide notification No. 14015/10/2019-AIS(I)-B dated 11.05.2021.
AND WHEREAS, while considering the appointment of SCS officers included in the Select List of 2017, it was observed that Shri Digeshwar Tiwari (DoB: 02.01.1961) and Shri Mukund Das (DoB: 05.01.1961) included at Sl. No. 5 and 9 respectively, had ceased to be member of the State Civil Service, after attaining age of superannuation therein.
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 provision, the appointment of Shri Digeshwar Tiwari and Shri Mukund Das to the IAS could not be notified.
AND WHEREAS, aggrieved by non appointment to the IAS, Shri Digeshwar Tiwari and Shri Mukund Das filed an OA No. 311/2021 before the Ld. CAT, Patna Bench (Circuit Ranchi).AND WHEREAS, Ld. CAT, vide order dated 18.10.2024, has directed as under:
“19. In the result, the OA is allowed. The respondents are directed to consider the case of the applicants in the light of above decision and issue promotion order with regard to both the applicants to the Indian Administrative Service w.e.f. the date of promotion of their juniors respectively on notional basis with consequential benefits like revision of pension since the applicants have since superannuated w.e.f. 31.01.2021. The above exercise shall be completed within four months from the date of receipt of this order. No order as to costs.”
NOW THEREFORE, in pursuance of order dated 18.10.2024 of Ld. CAT, Patna Bench (Circuit Ranchi) in O.A. No. 051/00311/2021, Shri Digeshwar Tiwari (D.O.B. 02.01.1961) and Shri Mukund Das (D.O.B. 05.01.1961), will be deemed to have been notionally appointed to the IAS Cadre of Jharkhand on the basis of inclusion of their names in the Select List of 2017 not later than their immediate juniors appointed to IAS on the basis of the same select list as hereunder: –
| Select List | Position in the Select List | Name of the officer (S/Sh.) | Date of Birth | Name of Immediate Junior appointed to IAS (S/Sh.) |
|---|---|---|---|---|
| 2017 | 5 | Digeshwar Tiwari | 02.01.1961 | Yatindra Prasad |
| 2017 | 9 | Mukund Das | 05.01.1961 | Meghu Baraik |
(By order and in the name of the President).
(Sanjay Kumar Chaurasia)
Under Secretary to the Government of India
Tel. No: 011-23093063
Email: uss1@nic.in
Copy to:
- The Chief Secretary, Govt. of Jharkhand, Ranchi. The State Government is requested to take further necessary action with regard to implementation of the order of Ld. Tribunal expeditiously.
- Shri Digeshwar Tiwari through Chief Secretary, Govt. of Jharkhand, Ranchi
- Shri Mukund Das through Chief Secretary, Govt. of Jharkhand, Ranchi
- The Accountant General, Government of Jharkhand, Ranchi.
- The Secretary, Union Public Service Commission, Dholpur House, New Delhi.
- E.O. \&AS, DoPT, North Block, New Delhi, Government of India, New Delhi.
Internal Distribution:
- DS(AIS)/US(AIS.II)/US(AIS.III)/US(EO-PR)/EO(CM)/US(AVD-I)
- Hindi Section – with the request to translate and send on email-uss1@nic.in.