The intricate process of civil service appointments was recently highlighted by a significant decision concerning the Indian Administrative Service (IAS) cadre in Tripura. Initially, four vacancies from the 2019 Select List were identified for promotion from State Civil Services (SCS) officers. Shri Nripendra Chandra Sharma was a leading candidate, recommended and ranked first, seemingly set for an IAS promotion after receiving approvals from various government bodies.
However, a procedural hurdle emerged: Shri Sharma had reached superannuation for the State Civil Service, rendering him ineligible for the IAS promotion under the existing IAS (Appointment by Promotion) Regulations, 1955, which mandate candidates be active SCS members. This situation prevented the official notification of his appointment.
Undeterred, Shri Sharma pursued legal recourse, filing a case with the Central Administrative Tribunal (CAT), Guwahati Bench. The Tribunal’s intervention proved decisive. Following an order dated March 28, 2025, it was directed that Shri Sharma would be ‘notionally appointed’ to the IAS Cadre of Tripura. This ensures his inclusion in the 2019 Select List, with his effective date of appointment set no later than that of his immediate junior. This outcome underscores the critical role of judicial review in navigating administrative complexities and safeguarding the rights of civil service personnel.
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No. 14015/29/2021-AIS(I)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel \& Training
North Block, New Delhi
Dated 23.05.2025
ORDER
WHEREAS, Central Government in consultation with the State Government of Tripura had determined 04 (four) vacancies to be filled through promotion from State Civil Services officers of Tripura to the IAS Cadre from the Select List of 2019.
AND WHEREAS, the Selection Committee Meeting (SCM) for preparation of Select List of 2019 was convened on 16.10.2023 by UPSC.
AND WHEREAS, Shri Nripendra Chandra Sharma was considered by the Selection Committee and was recommended for the appointment by promotion to the IAS Cadre for the Select List of 2019. 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 Tripura, the Central Government and finally approved by the UPSC on 12.12.2023.
AND WHEREAS, upon receiving the approval of the UPSC on the recommendations of the Selection Committee, this Department notified the Select List of 2019 vide Notification No. 14015/29/2021-AIS(I)-A dated 14.12.2023 wherein the name of Shri Nripendra Chandra Sharma was mentioned at SI. No. 1 in the Select List of 2019.
AND WHEREAS, this Department had also notified appointments of unconditionally included officers therein and who were members of State Civil Service (SCS) at the relevant point of time vide Notification No. 14015/29/2021-AIS(I)-B dated 14.12.2023.
AND WHEREAS, while considering the appointment of SCS officers included in the Select List of 2019, it was observed that Shri Nripendra Chandra Sharma (DoB: 22.01.1963), included at SI. No. 1 in Select List of 2019 had ceased to be a 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 Nripendra Chandra Sharma could not be notified.
AND WHEREAS, aggrieved from not being appointed to the IAS Cadre, Shri Nripendra Chandra Sharma filed a OA 041/00049/2024 before the Ld. CAT, Guwahati Bench.AND WHEREAS, Ld. CAT, vide order dated 28.03.2025 has directed the following:
“10. In view of the above, with the consent of both sides, the instant O.A. is disposed of at this stage with a direction upon the respondent authorities/ competent authority to examine the case of the applicant and consider him and issue detail speaking order within a period of three months from the date of receipt of copy of this Order.”
NOW THEREFORE, in pursuance of order dated 28.03.2025 of Ld. CAT, Guwahati Bench in OA 041/00049/2024, Shri Nripendra Chandra Sharma (DoB: 22.01.1963), will be deemed to have been notionally appointed to the IAS Cadre of Tripura on the basis of inclusion of his name at SI. No. 1 in the Select List of 2019 not later than his immediate junior Shri Tamal Majumder (DoB: 10.01.1967) appointed to IAS from the same Select List of 2019 vide Notification No. 14015/29/2021-AIS(I)-B dated 14.12.2023.
(By order and in the name of the President).
(Sanjay Kumar Chaurasia)
Under Secretary to the Government of India
(P): 23093063
(E): uss1@nic.in
Copy to:
- The Chief Secretary, Govt. of Tripura, Agartala. The State Government is requested to take further necessary action with regard to implementation of the order of Hon’ble Tribunal expeditiously.
- Shri Nripendra Chandra Sharma through Chief Secretary, Govt. of Tripura, Agartala.
- The Accountant General, Government of Tripura, Agartala.
- The Secretary, Union Public Service Commission, Dholpur House, New Delhi.
- E.O. to the Government of India, New Delhi.
- Joint Secretary (Training), DoPT, Old JNU Campus, New Delhi.
(Sanjay Kumar Chaurasia)
Under Secretary to the Government of India
(P): 23093063
(E): uss1@nic.in
Internal Distribution:
US(AIS.II)/US(AIS.III)/US(EO-PR)/US(EO-CM)/US(AVD-IA)/Hindi Section- with request to translate and send on email uss1@nic.in