F.No.6/20/2022-CS.I(S)
Government of India
Ministry of Personnel, Public Grievances \& Pensions
Department of Personnel \& Training

$2^{\text {nd }}$ Floor, Lok Nayak Bhavan, Khan Market, New Delhi-110003, dated the $27^{\text {th }}$ December, 2022

OFFICE MEMORANDUM

Subject: Zone of consideration for inclusion in Select List of Section Officers’ Grade of CSS for the years 2022 against Seniority Quota (SQ) regarding

The undersigned is directed to refer to this Department OM of even number dated $1^{\text {st }}$ December, 2022 issuing zone of consideration for adhoc promotion of eligible ASOs of part Select List of ASOs for 2013 against physical vacancies in the grade. Now the competent authority has decided to carry out regular promotions instead of adhoc promotions of the eligible ASOs of part Select List of ASOs for 2013 against Select List year 2022, by temporarily operating the LDCE vacancies of 2018 and 2019, which are expected to be absorbed in previous Select List Years once the final results of SO LDCE 2018 \& 19 are declared by UPSC and holding of review DPCs for the years for SO SL 2013 and onwards once the pending DPC recommendations for these years are received from cadre units.
2. Accordingly, in supersession of this Department’s OM of even number dated 01.12.2022, the approval of the competent authority is hereby conveyed for issue of zone of consideration for inclusion in the Select List (Seniority Quota) of 2022 in the Section Officers’ Grade of CSS and against the assessed vacancies of SO LDCE 2018 \& 2019 which are being temporarily operated in 2022, on the basis of the judgment dated 28.01.2022 of Hon’ble Supreme Court in Civil Appeal No. 629 of 2022 and this Department’s OM No.36012/16/2019-Estt.(Res) dated 12.04.2022 as follows –

1. The zone has been prepared in terms of CSS Rules, 2009 read with CSS (preparation of Select Lists for the Section Officers’ and Assistants’ Grades) Regulations, 2013.
2. One of the conditions as per CSS Rules, 2009 and regulations issued there-under for inclusion in the Select List for a particular year is that the officer should have undergone and successfully completed such mandatory training programmes as may be prescribed by the Government. Successful completion of level ‘B’ Training is necessary for promotion to the grade of Section Officer.
3. In case any official covered in the zone has left CSS prior to 01.07 .2022 (i.e. the crucial date for promotion) for any reason viz. voluntary retirement, resignation, death etc, the DPC in respect of him/her should not be held and the same should also be intimated to CS.I Division.
4. The cadre unit authorities are requested to take immediate action for conducting DPC as per Regulation 5 of CSS (preparation of Select Lists for the Section Officers’ and Assistants’ Grades) Regulations, 2013.6.1 The DPCs in respect of the officers covered in the zone of consideration may be conducted subject to:
   i) the official concerned being clear from vigilance angle in terms of this Department’s O.M. No.22034/4/2012-Estt.(D) dated 02.11.2012 and other relevant instructions on the subject;
   ii) the official is meeting the minimum qualifying service even after deducting the non-qualifying service, if any, such as period spent outside the cadre in another Department on lien after submitting technical resignation etc as on the crucial date i.e. 01.07.2022. In this connection para 2.6 of this Department’s OM No.28020/1/2010-Estt.(C) dated 17.08.2016 is referred.
   iii) the official having successfully completed Level ‘B’ Training or exempted (age $58+$ ) in terms of Cadre Training Policy 2016. The training status of the officer may be got verified from service records. Further officers may be granted benefit of exemption in terms of CTP only if they have not exhausted the maximum nominations ( 3 prior to 04.07 .16 and 2 w.e.f. 04.07 .2016 ) for Level B Training.
   iv) If any officer covered in the zone of consideration is presently undergoing Level B Training or has undergone Level B Training but its results are still awaited from ISTM or has not been nominated for Level B Training till date, the DPC in respect of him/her shall be conducted only after he/she successfully completes Level B training on the basis of the results declared by ISTM.
   v) The officer has submitted an undertaking in the following format:
   “With reference to Department of Personnel \& Training OM No.6/20/2022-CS-I(S) dated 27.12.2022:
   (i) I understand that my appointment being made in the year 2022 against the SO LDCE 2018-19 vacancies is conditional till results of LDCEs are declared and that in the event of my name not getting included in the SO SL 2022 or for previous years either under Seniority Quota or if I do not qualify SO LDCE for the aforesaid years, I will have no claim to continue to hold the post of Section Officer and I will stand to be reverted to the post of Assistant Section Officer (ASO) of CSS.
   (ii) That if promoted, I am willing to work on Desk Pattern”
5. The composition of DPC as per regulation 5 of CSS (preparation of Select Lists for the Section Officers’ and Assistants’ Grades) Regulations, 2013 shall be as under:
   i) Joint Secretary level officer -Chairperson
   ii) Three Directors or DS level officers-Members
   iii) Under Secretary-Member
6. Ministries/Departments, where the officials approved for inclusion in the zone for SOSL-2022 (SQ) are posted, are requested to conduct the DPCs immediately and notify the appointment of these ASOs to the grade of Section Officer on regular basis once they are found ‘FIT’ by the respective DPCs latest by 30.12 .2022 subject to the following conditions:
   (i) If an officer is undergoing penalty, notification should not be issued for regular promotion and in such cases notification should be issued only after the currency of the penalty is over in terms of DoPT’s O.M. No.22034/5/2004Estt.(D) dated 15.12.2004. Such cases should also be informed to this Department.(ii) The officers, who were in service on the crucial date i.e. as on 1.7.2022 but have since retired as ASO/Section Officer (ad-hoc) subsequently on superannuation or otherwise, shall also be included in the Select List of Section Officers in terms of this Department’s OM No. 22011/4/98-Estt. (D) dated 12.10.1998 to identify the correct zone of consideration for the relevant Select List. However, their appointment should not be notified as retired persons would not be available for actual promotion from a prospective date.
   (iii) If an officer fails to assume charge of the post of SO within 7 working days of issue of the order by the Cadre Unit concerned without the prior approval of the Cadre Controlling Authority (DOPT) for extension in joining time, his/her promotion will be liable to be cancelled. However, those officers who are on short term (less than 3 months) leave, training etc. on the date of issue of promotion order, shall assume the charge of the post immediately on joining from such leave, training etc.
7. It may also be brought out clearly in the Notification/appointment order that the appointment of the officer shall be subject to the outcome of the following Court cases and also subject to any other order passed by any competent courts in any other connected matters:
   (i) Civil Appeal No.629/2022 in Hon’ble Supreme Court of India and connected matters (Jarnail Singh batch of cases).
   (ii) Matters relating to seniority, promotion etc in SO/ASO grade, if any, filed in any competent court till date
8. Some officers, who are found fit for promotion may be on deputation as on date. To avail the benefit of promotion, such officers have two options:
   (i) They may repatriate to CS-I to avail promotion
   (ii) They may avail proforma promotion under Next Below Rule (NBR) from the date of promotion of their immediate junior.
   10.1 The officers who are presently on deputation and opt for (i) above, may submit their willingness within in 7 working days and report to DOPT, CS-I Division within 30 working days from the date of issue of the promotion Order/notification by the Cadre Unit concerned, failing which action shall be taken in terms of this Department’s OM dated 08.04.2011 (debarment conditions). In case of (ii), the officer concerned may submit a request, within 7 working days from the date of issue of the promotion Order/Notification, for proforma promotion under NBR, under intimation to their borrowing organization, failing which it would be presumed that the officer is not willing to avail regular promotion as Section Officer.
9. Copy of notifications/orders for promotion or inclusion in SO SL 2022 (SQ) should invariably be endorsed to this Department for records along with a copy of the undertakings submitted by the officers as prescribed in para 6.1(v) above. The cadre units are also requested to furnish the information in this regard to this Department (CSI Division) by 02.01 .2023 positively in the enclosed proforma (Annexure).
   (Rajeev Nayan)
   Under Secretary to the Government of India
   Ph:24624046
   Encl: As above
   To

10. Cadre authorities of CSS(DS/Director(Admn.)] – through DOPT website/CScMs.

11. General Secretary, CSS Section Officers’ Association, Mezzanine Floor, Sanchar Bhavan, New Delhi.
12. US(CS.I-A)ANNEXURE to OM No.6/20/2022-CS-I(S) dated 27.12.2022

*Unwilling/Not eligible/Sealed Cover/on leave/on training/left service prior to issue of the Order/Notification etc.