No. 5/18/2012-CS.I (U)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
CS.I Division

2nd Floor, Lok Nayak Bhawan, Khan Market, New Delhi-110003

Dated the 26th June 2015.

OFFICE MEMORANDUM

Subject: Limited Review DPC – Promotion to Grade-I (US) of CSS for the years 1989 to 2002 in respect of SC/ST officers.

The undersigned is directed to refer to this Department’s Office Memorandums of even number dated $16^{\text {th }}$ April 2014 and $12^{\text {th }}$ May 2014 on the subject mentioned above and to say that promotion to Grade-I (Under Secretary) of the CSS was regulated in accordance with Rule 12(2) of the CSS Rules, 1962. In terms of Rule 12(2) of CSS Rules, 1962, eight years of approved service in the grade of Section Officer is required for promotion to US grade.
2. There was a proviso to Rule 12(2) of CSS Rules, 1962 which provided as under:
“Provided further that if any person appointed to the Section officers’ Grade is considered for promotion to Grade I under this sub-rule, all persons senior to him in Section officers’ Grade, belonging to the Scheduled Castes or the Scheduled Tribes who have rendered not less than 4 years’ approved service in that grade, shall also be considered for promotion.”

Accordingly, Section Officers belonging to SC/ST category with four years of approved service were eligible to be considered for promotion to the grade of Under Secretary, if their juniors were being considered for promotion. This proviso was, however, deleted vide Notification dated 08.03.1999 and thereafter, a uniform eligibility of eight years of approved service in the grade of Section Officer was applicable to all categories for promotion to Under Secretary Grade.
3. USSLs from 1987 onwards were in arrears on account of prolonged litigation and these Select Lists could be brought out in the year 2000 and thereafter only. As at the time of preparation of these USSLs, the proviso of lesser eligibility service to senior SC/ST officers was deleted, uniform eight

years eligibility service was applied to all categories of officers i.e. amendment to the rules was given effect to USSLs pertaining to period prior to the amendment.
4. Aggrieved by the retrospective effect of Notification deleting the said proviso, Shri Vijay Kumar and four other DR SOs belonging to SC/ST category filed an O.A.No.991/2003 in CAT (PB), New Delhi. The CAT vide its order dated 30.11.2004 directed this Department to prepare revised USSLs by considering the applicants in accordance with the then extant third proviso which was in force in the relevant time and consider the claims of the applicants in accordance with the law. The order of CAT was implemented in favour of the five applicant DR SOs by conducting Limited Review DPC vide order dated 28.10.2011 by applying the then extant proviso.
5. It was subsequently decided to extend the order of CAT, PB, New Delhi dated 20.11.2004 in O.A. No. 991/2003 (Vijay Kumar case) to similarly placed SC/ST category officers. The Review DPC in the matter was convened by UPSC on 4.6.2015 and considered 29 similarly placed officers in terms of then extant proviso to CSS Rules. The recommendations of the Review DPC have been approved by the competent authority and accordingly 21 officers are included in the USSLs as indicated in the Annexure.
6. As regular USSLs could not be drawn within the period prescribed for such panels, due to protracted litigation and the panels were in arrears for long periods, when the original panels were issued notional promotion was granted w.e.f. $1^{\text {st }}$ July of the select list year. Notional fixation of pay was also allowed w.e.f. $1^{\text {st }}$ July of the select list year with actual benefit from the date of their actual appointment. As inclusion of 21 officers in the earlier USSLs is only in modification of the original panel, the terms of appointment viz. notional promotion and notional fixation of pay as allowed to officers included in the original panel is also allowed to these officers. However, the actual benefit would accrue to these officers only from the date they actually functioned as Under Secretary.

Under Secretary to the Government of India
Tele.: 24629412

To (through website)

1. Under Secretary (Administration), Ministries/ Departments concerned.
2. Officers concerned

Internal : 1. US (CS.I/D), CS.I, DoPT – for appropriate action.
2. Guard file.

Annexure to DoPT’s O.M. No. 5/18/2012-CS.I(U) dated 26.6.2015

| S.
No. | CSL
No. | Name (Shri/ Ms), DoB | Ministry/
Department | Cat. | USSL | S.No. in the panel | Placement in the panel | O.M. No. and date of original panel |
| — | — | — | — | — | — | — | — | — |
| 11. | 3205 | Ashok Kumar, Director (09.07.1961) | Commerce | SC | 1997 | 1993 | 13-A | Above Jose Thomes (S.No.14) |
| 12. | 3230 | Moti Lal, Director (12.12.1961) | Water Resources | SC | 1997 | 1993 | 13-B | Above Jose Thomes (S.No.14) |
| 13. | 3320 | Sagar Chand Mehra, Director (15.06.1966) | Animal Husbandry | SC | 1998 | 1996 | 0-A | Above T. Srinivas (S.No.1) |
| 14. | 3427 | Daniel E Richards, Director (26.10.1965) | Minority Affairs | ST | 1999 | 1997 | 0-A | Above Ranjana Srivastava (S.No.1) |
| 15. | 3610 | Konthang Touthang, Director (06.06.1966) | Shipping | ST | 2000 | 1996 | 11-A | Below L.K. Meena (S.No.11) and above Sewa Ram (S.No.12) |
| 16. | 3640 | Surinder Pal Singh, Director (30.06.1966) | On deputation to Govt. of Punjab | SC | 2000 | 1997 | 0-B | Above Ranjana Srivastava (S.No.1) |
| 17. | 3918-
A | Balmiki Prasad, Director (31.08.1962) | Home Affairs | SC | 2002 | 1999 | 0-A | Above Rubina Ali (S.No.1) |
| 18. | 3922-
A | Lucas L Kamsuan, Director (20.11.1970) | Shipping | ST | 2002 | 1998 | 37-A | Below Ravinder Monga (S.No.37) and above Surender Kumar (S.No.38) |
| 19. | 3950-
A | Thanglemlian, Director (21.02.1970) | Youth Affairs \& Sports | ST | 2002 | 1999 | 0-B | Above Rubina Ali (S.No.1) |
| 20. | 3954-
A | L. Haokip, Director (14.06.1965) | MS\&ME | ST | 2002 | 1999 | 0-C | Above Rubina Ali (S.No.1) |
| 21. | 3962-
A | Rajiv Manjhi, Director (12.09.1968) | Health \& Family Welfare | SC | 2002 | 1999 | 0-D | Above Rubina Ali (S.No.1) |