F. No.14014/18/2003-AIS-I
Government of India
Ministry of Personnel, Public Grievances \& Pensions
(Department of Personnel \& Training)

North Block, New Delhi
Dated $25^{\text {th }}$ January, 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 $31^{\text {st }}$ December of the vacancy year against which he has been appointed to the IAS.
5. And whereas, the seniority /year of allotment of officers appointed by promotion to IAS of Himachal Pradesh cadre from Select List, 2009-A and 2011 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 regulations Rules. 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:-

# Retired
6.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officer whose name has been mentioned at SI. No. 1 to 6 of the select list of 2009-A shall be placed below Shri R.K. Shankar, junior most promotee IAS officer of 2001 batch (SL – 2009) and above Shri Abhishek Jain, the senior most RR IAS officer of 2002 batch of Himachal Pradesh cadre.

| | Name of the Officer (S/Shrr/Smt) | Date from which holding rank not below that of Oy Collector in SCS or equivalent | 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 IAS (Fractions if any, are to be ignored) i.e 31.12.2011. | Total weightage in years in terms of the sKS (Regulation of Seniority) Rules, 1987 as amended from time to time. | Year of allotment entitled | Name, year of SL and YOA of the officer in PO (SCS), immediately senior to the one whose name is in column no. 02. | Year of Allotment assigned | | :–: | :–: | :–: | :–: | :–: | :–: | :–: | :–: | :–: | :–: | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | | 1 | Beer Singh Thakur | 03/08/1987 | 24 | 8 | 2003 | Shri Ajay Kumar Sharma allotted 2001 batch on the basis of SL of 2009A | 2003 | | 2 | Rakesh Sharma | 05/09/1988 | 23 | 8 | 2003 | As at Sr No. 1 in Col. 2 | 2003 | | 3 | Vikas Labroo | 05/09/1988 | 23 | 8 | 2003 | As at Sr No. 2 in Col. 2 | 2003 | | 4 | Balbir Chand | 05/09/1988 | 23 | 8 | 2003 | As at Sr No. 3 in Col. 2 | 2003 | | 5 | Rajeev Sharma | 04/09/1989 | 22 | 7 | 2004 | As at Sr No. 4 in Col. 2 | 2004 | | 6 | Amitabh Avasthi | 03/09/1990 | 21 | 7 | 2004 | As at Sr No. 5 in Col. 2 | 2004 |

7.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officer whose name has been mentioned at SI. No. 1 to 4 of the select list of 2011 shall be placed below Smt. Sudha Devi M., only RR IAS officer of 2003 batch and above Ms. Priyanka Basu Ingty, the senior most RR IAS officer of 2004 batch of Himachal Pradesh cadre.
7.2 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officer whose name has been mentioned at SI. No. 5 to 6 of the select list of 2011 shall be placed below Shri C. Paulrasu, junior most RR IAS officer of 2004 batch and above Smt. Meera Mohanty, the senior most RR IAS officer of 2005 batch of Himachal Pradesh cadre.
8. This will supersede order of even number dated 09.05 .2012 and 2.7 .2014 of this Department.
9. This issues with the approval Secretary (P) and 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
To
(i) The Chief Secretary, Government of Himachal Pradesh, Shimla, for onward transmission to the officer concerned. It is also requested that necessary steps may be taken to withdraw all the cases on the similar issue pending in any court of law.
(ii) The Accountant General, Government of Himachal Pradesh, Shimla.
(iii) US(S-II)/US-AIS-III)
(iv) EO(PR)/RO(CM)
(v) NIC, for uploading on DOPT’s website.