This order details revisions to the seniority regulations for IAS, IPS, and IFoS officers in the Meghalaya segment of the Joint Assam-Meghalaya Cadre. It addresses the application of amended seniority rules following court decisions and clarifies the calculation of seniority based on years of service as a Deputy Collector. The document outlines specific adjustments to the seniority lists for the years 2009, 2010, and 2011, specifying the order of officers based on their service and allotment years. It also instructs relevant authorities to withdraw pending court cases related to the issue and upload the order to the DoPT website.
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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 therefore, the seniority /year of allotment of officers appointed by promotion to IAS of Meghalaya segment of Joint Assam-Meghalaya 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 seniority 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 | 4 |
| 15 | 5 |
| 18 | 6 |
6. Select List-2009-A
(Prepared against vacancies arisen between 1.1.2009 to 31.12.2009)
6.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, officers at SI. No. 1 to 2 in the Select List 2009-A shall be placed below Shri Silvester Kharlyngdoh, junior most promotee IAS officer of 2002 batch (SL of 2009)and above Shri Klasster W. Marbaniang, junior most promotee IAS officer (Non-SCS category of SL of 2002 batch) of Meghalaya segment of Joint Assam-Assam Cadre.
71 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, officers at SI. No1 in the Select List 2010 shall be placed below Shri Peter.S. Dkhar, junior most promotee IAS officer of 2002 batch (SL of 2009-A) and above Shri Klasster W. Marbaniang, junior most promotee IAS officer of 2002 batch (Non-SCS category) of Meghalaya segment of Joint Assam-Assam Cadre.
8.1 As per Rule 4 of the IAS (Regulation of Seniority) Rules, 1987, officers at SI. No1 and 2 in the Select List 2011 shall be placed below Dr. Patibandla Ashok Babu, junior most RR IAS officer of 2003 batch and above Shri Sanjay Goyal, senior most RR IAS officer of 2004 batch of Meghalaya segment of Joint Assam-Meghalaya Cadre.
- This issues with the approval of Secretary (P) in superstation of this Department’s orders of even number dated 8.10.2012 and 03.06.2013 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
Copy to:-
- The Chief Secretary, Government Meghalaya, Shillong 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 Meghalaya, Shillong.
- US (S-II)/US(AIS-III)
- EO (PR)/RO (CM)
- NIC for uploading on DOPT’s website.
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