Dopt clarification orders on the case of State Civil Services (SCS) officers : Clarifications in the wake of Punjab & Haryana High Court order dated 1.2.2010 in CWP No. 15798 of 2009
G.I., Dept. of Per. & Trg., O.M.No.22012/99/2009-AIS-I, dated 17.3.2015
Subject: Clarifications in the wake of Punjab & Haryana High Court order dated 1.2.2010 in CWP No. 15798 of 2009 filed by Shri Praveen Kumar Vs
Union Public Service Commission and others as confirmed by Hon’ble Supreme Court in SLP No. 14002/2010 in the matter of DOPT Vs Praveen Kumar & others.
The undersigned is directed to refer to this Department’s OM No. 22012/99/2009-AIS-1 dated 25.8.2010 on the subject mentioned above and to say that in case of State Civil Services (SCS) officers if Select List is prepared for the vacancies of 2014 the same is required to be styled as select list of 2014 whereas for Non SCS the same is styled as 2015. Also in case of SCS, eligibility is required to be seen as on 1.1.2014 whereas in case of Non SCS the same is to be seen as on 1.1.2015. Thus, there is apparent anomaly in styling the Select List year for SCS officers and Non SCS officers prepared for the vacancies arising during the same year. This anomaly is due to the fact that as the Court order cited above was implemented for SCS officers only.
The whole matter has been re-considered in this Department and it has been decided that the above cited order may be applied in case of Non-SCS category officers also and above anomaly may be removed as vacancies for both categories i.e. SCS and Non SCS come from the same pool i.e. Promotion Quota. It has also been decided that the said anomaly may be removed by styling the Select List of Non SCS officers also on the lines of Select List of SCS officers coinciding with the year of occurrence of vacancies for which it is prepared. Therefore, the select list for Non SCS officers which is to be prepared against vacancies arisen between 1.1.2014 to 31.12.2014 and also subsequent lists may be styled coinciding with the year of occurrence of vacancies for which it is prepared. Further, for Select List of Non-SCS officers also on the lines of SCS officers crucial date for determination of eligibility would be 15t January of the year of occurrence of vacancies for which it is prepared. In so far as Select List to be prepared against vacancies arisen between 16, 1.1.2014 to 31.12.2014 is concerned, ‘A’ would be suffixed with the year as there is already one Select List of 2014 prepared against the vacancies of 2013.
Accordingly, it is requested that concerned authorities of the State Government may kindly be suitably instructed to send requisite proposal to UPSC keeping in view of the above decision.