In a significant development for India’s civil services, an order has been issued to grant notional appointment to the Indian Administrative Service (IAS) cadre for an officer previously denied promotion. The story begins with a selection process in 2014 for IAS vacancies in Jharkhand, where Shri Satyendra Tiwari was initially recommended. However, his appointment was subsequently withheld because he had already reached the age of superannuation and was no longer a member of the State Civil Service, a prerequisite under the IAS (Appointment by Promotion) Regulations, 1955.
Aggrieved by this decision, Shri Tiwari pursued legal recourse and filed a case before the Central Administrative Tribunal (CAT), Patna Bench. In a recent ruling, the CAT directed that Shri Tiwari be notionally promoted to the IAS cadre from the 2014 Select List, effective from the date his juniors from the same list were appointed. The Tribunal also mandated the government to fix his pay and revise his pension, ensuring all arrears are paid within four months. This directive marks a crucial step in ensuring justice for civil servants and upholding the integrity of the promotion process.
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No. 14015/10/2017-AIS(I)
Government of India
Ministry of Personnel, Public Grievances \& Pensions
Department of Personnel \& Training
North Block, New Delhi
Dated: 25 . 03.2025
ORDER
WHEREAS, Central Government in consultation with the State Government of Jharkhand had determined 04 vacancies to be filled through promotion from State Civil Services officers of Jharkhand to the IAS Cadre from the Select List of 2014.
AND WHEREAS, the Selection Committee Meeting (SCM) for preparation of Select List of 2014, 2015 \& 2016 was convened on 27.03.2018 and 27.04.2018 by UPSC.
AND WHEREAS, Shri Satyendra Tiwari was considered by the Selection Committee and was recommended for the appointment by promotion to the IAS Cadre for the Select List of 2014. The name of the officer was placed at SI. No. 1.
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 24.05.2018.
AND WHEREAS, upon receiving the approval of the UPSC on the recommendations of the Selection Committee, this Department notified the Select List of 2014, 2015 and 2016, vide Notification No. 14015/10/2017-AIS(I)-A dated 24.05.2018, wherein the name of Shri Satyendra Tiwari was mentioned at SI. No. 1 in the Select List of 2014.
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. 14015/10/2017-AIS(I)-B dated 24.05.2018.
AND WHEREAS, while considering the appointment of SCS officers included in the Select List of 2014, it was observed that Shri Satyendra Tiwary (DoB: 05.01.1957), included at SI. No. 1 in the Select List of 2014, had ceased to be member of the State Civil Service, after attaining the 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 Satyendra Tiwary could not be notified.
AND WHEREAS, aggrieved from not being appointed to the IAS Cadre, Shri Satyendra Tiwari filed an OA No. 339/2019 before the Ld. CAT, Patna Bench.
AND WHEREAS, Ld. CAT, vide order dated 17.12.2024, has directed the follows:
“31. After careful consideration of the facts and circumstances# No. 14015/10/2017-AIS(I)
Government of India
Ministry of Personnel, Public Grievances \& Pensions Department of Personnel \& Training
North Block, New Delhi
Dated: 25.03 .2025
O R D E R
WHEREAS, Central Government in consultation with the State Government of Jharkhand had determined 04 vacancies to be filled through promotion from State Civil Services officers of Jharkhand to the IAS Cadre from the Select List of 2014.
AND WHEREAS, the Selection Committee Meeting (SCM) for preparation of Select List of 2014, 2015 \& 2016 was convened on 27.03.2018 and 27.04.2018 by UPSC.
AND WHEREAS, Shri Satyendra Tiwari was considered by the Selection Committee and was recommended for the appointment by promotion to the IAS Cadre for the Select List of 2014. The name of the officer was placed at SI. No. 1.
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 24.05.2018.
AND WHEREAS, upon receiving the approval of the UPSC on the recommendations of the Selection Committee, this Department notified the Select List of 2014, 2015 and 2016, vide Notification No. 14015/10/2017-AIS(I)-A dated 24.05.2018, wherein the name of Shri Satyendra Tiwari was mentioned at SI. No. 1 in the Select List of 2014.
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. 14015/10/2017-AIS(I)-B dated 24.05.2018.
AND WHEREAS, while considering the appointment of SCS officers included in the Select List of 2014, it was observed that Shri Satyendra Tiwary (DoB: 05.01.1957), included at SI. No. 1 in the Select List of 2014, had ceased to be member of the State Civil Service, after attaining the 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 Satyendra Tiwary could not be notified.
AND WHEREAS, aggrieved from not being appointed to the IAS Cadre, Shri Satyendra Tiwari filed an OA No. 339/2019 before the Ld. CAT, Patna Bench.
AND WHEREAS, Ld. CAT, vide order dated 17.12.2024, has directed the follows:
“31. After careful consideration of the facts and circumstancesincluding legal aspects as discussed above, we are of the view that applicant need to promoted notionally to IAS in the select list 2014 w.e.f. the date his juniors in the select list 2014 were appointed to IAS. Respondents are further directed to issue order for fixation of applicant’s pay and revising his pension and pay arrears of pension within four months of this order.”
NOW THEREFORE, in pursuance of order dated 17.12.2024 of Ld. CAT, Patna Bench in O.A. No. 339/2019, Shri Satyendra Tiwari (DoB 05.01.1957), will be deemed to have been notionally appointed to the IAS Cadre of Jharkhand on the basis of inclusion of his name at Sl. No. 1 in the Select List of 2014 not later than his immediate junior Shri Rajkumar Choudhary (Sl. No. 2) appointed to IAS from the same Select List of 2014 vide Notification No. 14015/10/2017-AIS(I)-B dated 24.05.2018.
(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 Satyendra Tiwari, through Chief Secretary, Govt. of Jharkhand, Ranchi
- The Accountant General, Government of Jharkhand, Ranchi.
- The Secretary, Union Public Service Commission, Dholpur House, New Delhi.
- EO&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