This document details revisions to the seniority regulations for IAS, IPS, and IFoS officers in the Maharashtra cadre. It addresses cases stemming from court rulings (High Court of Punjab and Haryana, Supreme Court) and clarifies the application of amended seniority rules to select lists from 2009, 2010, and 2011. The order outlines how seniority and year of allotment are determined for officers appointed by promotion, considering factors like continuous service and the timing of vacancies. It specifies the placement of officers within select lists based on pre-amended rules and clarifies the order of seniority relative to specific officers. The document supersedes previous orders and is subject to any pending court decisions.
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No. 14014/26/2005-AIS-1
Government of India
Ministry of Personnel, Public Grievances \& Pensions
(Department of Personnel \& Training)
North Block, New Delhi
Date 08.02. 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 31st December of the vacancy year against which he has been appointed to the IAS.
5. And therefore, the seniority /year of allotment of officers appointed by promotion to IAS of Maharashtra cadre from Select List 2009-A, 2010 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 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:-
Completed years of qualifying service
Weightage in years
12
15
18
18
19
6.
Select List-2009-A
(Prepared against vacancies arisen between 1.1.2009 to 31.12.2009)
# Since, retired
6.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officer whose name has been mentioned in the Select List of 2009-A at SI. No. 1 to 4 shall be placed below Shri P.M. Mahajan, junior most promotee IAS officer of 2001 batch (SL – 2009) and above Shri P Velrasu, senior most RR IAS officer of 2002 batch Maharashtra cadre.
6.2 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officer whose name has been mentioned in the Select List of 2009-A at SI. No. 5 shall be placed below Dr. Anup Kumar Yadav, junior most RR IAS officer of 2002 batch and above Shri S. M. Kendrekar, junior most promotee IAS officer of 2002 batch (Non-SCS category) of Maharashtra cadre
7.
Select List-2010
(Prepared against vacancies arisen between 1.1.2010 to 31.12 .2010 )
# Since, retired.
7.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officers whose names has been mentioned in the Select List of 2010 at SI. No. 1 to 3 shall be placed below Shri Balasaheb Kolse, junior promotee IAS officer of 2002 batch(SL- 2009-A)and above Shri S. M. Kendrekar junior most promotee IAS officer of 2002 batch(Non-SCS category) Maharashtra cadre.
| S/ No. | |||||||
|---|---|---|---|---|---|---|---|
| 8 | |||||||
| 7 | |||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| 1 | V.N. Kalam | 02.02.1987 | 24 | 8 | 2003 | S.N. Gaikwad allotted 2002 batch on the basis of Select List of 2010. | 2003 |
| 2 | S.M. Kakani | 09.02.1987 | 24 | 8 | 2003 | As at S. No. 01 in column no. 2 | 2003 |
| 3 | K.D. Nimbalkar | 08.06.1987 | 24 | 8 | 2003 | As at S. No. 02 in column no. 2 | 2003 |
| 4 | S.N. Bhange | 08.06.1987 | 24 | 8 | 2003 | As at S. No. 03 in column no. 2 | 2003 |
| 5 | A.M. Kawade | 11.06.1987 | 24 | 8 | 2003 | As at S. No. 04 in column no. 2 | 2003 |
| 6 | S.M. Channe | 11.06.1987 | 24 | 8 | 2003 | As at S. No. 05 in column no. 2 | 2003 |
| 7 | A.B. Misal | 11.06.1987 | 24 | 8 | 2003 | As at S. No. 06 in column no. 2 | 2003 |
Page 4 of 5
8.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, the officers whose names has been mentioned in the Select List of 2011 at SI. No. 1 to 7 shall be placed below Ms. Jayashree S. Bhoj, junior most RR IAS officer of 2003 batch and above Dr. D. G. Mhaisekar, senior most promotee IAS officer of 2003 batch (Non-SCS category) Maharashtra cadre.
9. This issues with the approval of Secretary (P) in supersession of this Department’s order of even number dated 04.09 .2012 and 5.4 .2013 .
10. This 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
Copy to: –
- The Chief Secretary, Government of Maharashtra, Mumbai 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.
- The Accountant General, Government of Maharashtra, Mumbai.
- US (S-II)/AIS (III)
- EO (PR)/RO (CM)/
NIC, for uploading on the DoPT’s website.