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Fixation of seniority/year of allotment of promotee IAS officers of Nagaland cadre for the Select List of 2010 and 2011 – Reg. No.14014/03/2007-AIS-1 Ministry of Personnel, Public Grievances and Pensions Department of Personnel and 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 whereas, moreover, the State Government of Nagaland vide letter dated 27.10.2017 has requested to rectify the date of holding of continuous service in State Civil Service in the rank of Deputy Collector or equivalent in respect of Shri O.T. Chingmak Chang on 21.12.1985 instead of 27.02.1986.
6. And whereas, the seniority /year of allotment of officers appointed by promotion to IAS of Nagaland cadre from Select List 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