Central Administrative Tribunal - Patna
Sangeeta Singh And Others vs Department Of Personnel And Training on 25 July, 2025
-1- OA/050/00296/2024 with OA/050/00410/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
PATNA BENCH, PATNA
Reserved on : 11.07.2025
Pronounced on : 25.07.2025
CORAM
HON'BLE MR. KUMAR RAJESH CHANDRA, ADMINISTRATIVE MEMBER
HON'BLE MR. RAJVEER SINGH VERMA, JUDICIAL MEMBER
I. OA/050/00296/2024
1. Jay Prakash Singh (IAS), Son of Late Bindeshwari Singh, posted as
Director, GPF, Government of Bihar, Patna, Resident of 45/60,
Officer's Flat, Hartali Chowk, Bailey Road (Nehru Path), Patna-
Patna-
800001 (Bihar).
2. Md. Maqsood Alam (IAS), Son of Md. Ilias, Posted as District
Magistrate, Gopalganj, Resident of Indrapuri Colony, Near Sky
Tower Apartment, Samanpura, Raja Bazar, Patna-800014
Patna (Bihar).
3. Animesh Pandey (IAS), Son of Late Narendra Pandey, Posted as
Additional Secretary, Home Department, Government of Bihar,
Sardar Patel Bhawan, Bailey Road (Nehru Path), Patna-800014,
Patna 800014,
Resident of 202, Indraprastha Apartment, Sheikhpura More, Bailey
Road, Patna-800014 (Bihar).
4. Satya Prakash Sharma (IAS), Son of Later Shiv Bhajan Sharma,
posted as Additional Secretary, Bihar Public Service Commission,
Bailey Road (Nehru Path), Patna-800014,
Patna 800014, Resident of Magistrate
Colony, Ashiyana Nagar, Patna--800025 (Bihar).
5. Alok
ok Kumar (IAS), Son of Late Parmeshwar Sahu, Ex-SubEx Sub Mission
Director, Bihar Vikas Mission, 6A, Circular Road, Patna, Resident of
Sector-B,
B, Mitramandal Colony, Anisabad, patna-800002(Bihar).
patna
..... APPLICANTS.
- By Advocate : Shri M.P. Dixit
-VERSUS
VERSUS-
1. The Union of India through the Secretary, Ministry of Personnel, Public
Grievances and Pensions, Department of Personnel & Training,
Government of India, North Blockj, New Delhi-110001.
Delhi
2. The Secretary, Ministry of Personnel, Public Grievances and Pensions,
Department of Personnel & Training, Government of India, North Block,
New Delhi-110001.
3. The State of Bihar through the Chief Secretary, Government of Bihar,
Old Secretariate, Patna-800001
800001 (Bihar).
4. The Principal Secretary, General Administration Department,
Government of Bihar, Old Secretariate, Patna-800001(Bihar).
Patna
Digitally signed by SURYAROOP KABI
DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA
BENCH", OU=govt,
Phone=4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c
SURYAROOP KABI 09841fe7c96ed, PostalCode=800001, S=Bihar,
SERIALNUMBER=20d9f640c92cc412e72af8cc564e5b863168ef75
a1eadc65bafc0b4758f5dd33, CN=SURYAROOP KABI
Reason: I am the author of this document
Location:
Date: 2025-07-25 16:18:44
-2- OA/050/00296/2024 with OA/050/00410/2024
....... Respondents
- By Advocate(s): Shri Rabindra Kumar Choubey, ASC
Shri Sarvdeo Singh,
Singh SC for State with
Shri A.K. Sharma and
Shri Sanjay Kumar
II. OA/050/00410/2024
1. Sangeeta Singh, aged about 57 years, wife of Sri Ram Kumar, Resident of
House No. 99, New SBI Officers Colony, Fairfield Colony, Digha, Patna
presently posted as Additional Secretary, Minor Irrigation Department,
Government of Bihar, Patna, Pin Code-800012.
Code
2. Anil Kumar Thakur, aged about 58 years, son of Sri Naresh Thakur,
resident of 50B,B, Fairfield Colony, Digha, Patna, Pin Code-
Code 800011;
presently posted as Additional Secretary, Backward and Extremely
Backward Commission, Kalyan Bibhag, Bihar, Patna.
3. Mukesh Kumar, aged about 57 years, son of Sri Shiv Pujan Prasad,
resident of Flat No. 401, Ramawater Residency, Anandpuri, Patna
presently posted as Settlement Officer, Gaya, Pin Code-800001.
Code
4. Gautam Paswan, aged about 56 years, son of Late Ram Balak Paswan,
resident of C-181,
181, Police Colony, Anisabad, Patna; presently posted as
Missionn Director, Bihar Mahadalit Vikash Mission, Bihar, Patna-800015.
Patna
5. Ranjit Kumar, aged about 57 years, son of Late Kailash Prasad, resident of
B/28, Mitra Mandal Colony, Anisabad, Patna; presently posted as
Additional Secretary, Planning and Development Department,
Government of Bihar, Patna-800015.
800015.
6. Kalpana Kumari, ageded about 56 years, daughter of Late Ragho Chaudhary,
resident of MIG-312,
312, Kankarbagh Colony, Patna-800020,
Patna 800020, presently posted
Additional Secretary, Panchayat Raj Department, Bihar, Patna.
7. Pravin Kumar, aged about 57 years, son of Late Satya Narayan
Chaudhary, residing in Qr. No. Q-12,
12, Officers Flat, New Punai Chak, P.O.+
P.S.- Shastrinagar, Patna-800023,
800023, presently posted as Additional
Secretary, Transport Department, Government of Bihar, Patna.
.............APPLICANTS.
- By Advocate: Shri M.P. Dixit
-VERSUS
VERSUS-
1. The Union of India through the Secretary, Ministry of Personnel, Public
Grievances and Pensions, Department of Personnel & Training,
Government of India, North Block, New Delhi-110001.
Delhi
2. The Secretary, Ministry of Personnel, Public Grievances and Pensions,
Pensions,
Department of Personnel & Training, Government of India, North
Block, New Delhi-110001.
Digitally signed by SURYAROOP KABI
DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA
BENCH", OU=govt,
Phone=4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c0
SURYAROOP KABI 9841fe7c96ed, PostalCode=800001, S=Bihar,
SERIALNUMBER=20d9f640c92cc412e72af8cc564e5b863168ef75a
1eadc65bafc0b4758f5dd33, CN=SURYAROOP KABI
Reason: I am the author of this document
Location:
Date: 2025-07-25 16:19:16
-3- OA/050/00296/2024 with OA/050/00410/2024
3. The Under Secretary to the Government of India, Ministry of
Personnel, Public Grievances and Pension, Department of
Personnel and Training, North Block, New Delhi,
D Pin-110001.
4. The State of Bihar through the Chief Secretary, Government of
Bihar, Patna-800001 (Bihar).
5. The Principal Secretary, General Administration Department,
Government of Bihar, Patna-800001(Bihar).
800001(Bihar).
6. The Deputy Secretary to the Government,
Government, General Administration
Department, Government of Bihar, Patna, Pin-800001.Man
Pin
............Respondents
- By Advocate(S): Shri Rabindra
bindra Kumar Choubey, ASC
A
Shri Sarvdeo Singh,
Singh SC for State with
Shri A.K. Sharma and Shri Sanjay Kumar
ORDER
Per Kumar Rajesh Chandra, A.M. :- The above two OAs have been taken up together for hearing since the prayer and issue involved in these OAs are simi similar. These two OAs are accordingly decided to be disposed of by the following common order.
2. OA No. 296/2024 has been filed for the following relief:-
relief:
"(i) That your Lordships may graciously be pleased to hold and declare the order Annexure A/1 dated 17.01.2024 as contained in issued by the respondents DoPT in respect of assigning Year of Allotment '2013' in place of '2012' comparing them with one Sri Navin with reference to the proviso to Rule Rule-3
3 (3) (ii) of the Indian Administrative Service (Regulation (Regulation of Seniority) Rules, 1987 as arbitrary, discriminatory and per-se-illegal.
per
(ii) That your Lordships may graciously be pleased to hold and declare the proviso to Rule Rule-3 3 (3) (ii) of the Indian Administrative Service) Regulation of Seniority) Rules, 1987 cannot adversely affect the applicants in the matter of Allotment of Year as 2012 at par with other similarly placed SCS officers of the same 38th BPSC Batch of 1995 and the same Select List 2020, namely, Sri Arun Kumar Singh and Sri Bibhuti Ranjan Choudhary who have been Digitally signed by SURYAROOP KABI DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=govt, Phone=4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6 SURYAROOP KABI c09841fe7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER=20d9f640c92cc412e72af8cc564e5b863168ef7 5a1eadc65bafc0b4758f5dd33, CN=SURYAROOP KABI Reason: I am the author of this document Location:
Date: 2025-07-25 16:19:33
-4- OA/050/00296/2024 with OA/050/00410/2024 assigned 2012, as the year of allotment on completion of 25 years o off continuous and qualifying service as SCS officers like their batch mates, the applicants.
(iii) That your Lordships may graciously be pleased to hold and declare the impugned part of order dated 17.01.2024 as contained in Annexure A/1 in respect of aassigning ssigning Year of Allotment of applicants as 2013 merely due to belated date of joining of one of their batch mates placed higher in the SCS merit list, Sri Navin, on 27.05.1996, a year later than the applicants as illegal and to that extent the proviso to Rule-3 (3) (ii) of the Indian Administrative Service) Regulation of Seniority) Rules, 1987 is required to be modified as "an officer shall not be assigned year of allotment earlier than year of allotment assigned to other officer senior to him in that Sele Select ct List with the exception of an officer/officers of same SCS batch joining the service later or appointed on the basis of earlier select list" without restricting the year of allotment of officers placed below him/them in the Select List based upon the be belated lated joining of a batch mate/batch mates placed higher I the SCS merit list.
(iv) That your Lordships may graciously be pleased to direct/command the respondents to issue a corrigendum/correction slip henceforth showing the year of Allotment of the appl applicants icants as 2012 instead of 2013 in Annexure A/1 dated 17.01.2024 against Select List 2020 (SCS).
(v) That your Lordships may graciously be pleased to direct/command the respondents to grant all consequential benefits for which applicants are legally ent entitled to against Select List-2020 2020 as contained in Annexure A/1.
(vi) Any other relief or reliefs may be deemed fit and proper by this Hon'ble Court including the cost of the proceedings may be allowed in favour of the Applicants."
3. OA No. 410/2024 has as been filed for the following relief:-
relief:
"(i) That in view of facts and circumstances of the case, the Hon'ble Court may be pleased to hold and declare that proviso to Sub Rule 3(ii) of Rule 3 of the Indian Administrative Service (Regulation of Seniority) Rule 1987 has not been framed on the sound principle of Law and Rule of Harmonious construction and it violates the fundamental principle enshrined in Article 14 and 16 of the Constitution of India and accordingly strike down the same.Digitally signed by SURYAROOP KABI
DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=govt, Phone=4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c SURYAROOP KABI 09841fe7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER=20d9f640c92cc412e72af8cc564e5b863168ef75 a1eadc65bafc0b4758f5dd33, CN=SURYAROOP KABI Reason: I am the author of this document Location:
Date: 2025-07-25 16:19:52
-5- OA/050/00296/2024 with OA/050/00410/2024
(ii) That the Hon'ble Court may further be pleased to direct the respondent nos. 1 to 3 to consider the legal grievance of the applicants, raised in their joint representation dated 05.01.2024, and dispose of the same by allowing them the year of allotment as 2013 in pl place ace of 2014 and accordingly modify the Select List of 2022 to that extent.
(iii) To quash the part of the order dated 17.01.2024, specially Select List of 2022, so far it relates to the applicants, whereby and where under, the applicants have been assign assigned ed year of allotment as 2014 in place of 2013 for which the applicants are legally entitled to have the year of allotment 2013.
(iv) That the Hon'ble Court may be pleased to grant any other relief/reliefs to the applicants for which they are entitled in la laww including the cost of proceeding. "
4. Brief facts of the case, as per the applicants of OA No. 296/2024 are as follows:
follows:-
(i) Applicants are officers of Bihar Administrative Service (State Civil Service) of 38th BPSC batch of 1995. They joined the SCS cadre on 15.06.1995, 24.05.1995, 19.06.1995, 24.05.1995 and 15.06.1995 respectively. According to applicants, since they have completed more than 25 years of continuous and qualifying service before the year 2021 in the SCS cadre, hence as per the proviso to Rule-3 3 (3) (ii) (a) and (b) of the Indian Administrative Service (Regulation of Seniority) Rules, 1987, they deserve a weightage of 08 years for the purpose of Allotment of Year from the SCS to the IAS cadre.
(ii) It is submitted that in the Selection Committee meeting held on 17.11.2023 all together 25 SCS officers of Bihar including the applicants have been placed against Select List 2020 for induction into the IAS Cadre finally.
(iii) Thereafter, in exercise of the power conferred under Rule Rule-8(1) off the IAS (Recruitment), Rules, 1954 read with Regulation 9 (1) of the IAS (Appointment on Promotion) Regulations, 1995 and Rule 3 of the IAS (Probation) Rules, 1954, the Hon'ble President has been pleased to appoint the applicants and other recommended of officers ficers of the SCS cadre of Bihar to the IAS cadre vide Notification dated 12.12.2023 (Annexure A/2) against Select List of 2020, 2021 and 2022, wherein, the applicants have been placed at serial No. 21, 23, 24, 25 and 22 respectively against Select List o off Digitally signed by SURYAROOP KABI DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=govt, Phone=4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c09841f SURYAROOP KABI e7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER=20d9f640c92cc412e72af8cc564e5b863168ef75a1ead c65bafc0b4758f5dd33, CN=SURYAROOP KABI Reason: I am the author of this document Location:
Date: 2025-07-25 16:20:14
-6- OA/050/00296/2024 with OA/050/00410/2024 2020 and Officers placed at serial No.18 to 25 belongs to one and same BPSC batch of 1995.
(iv) It is further submitted that in the DoPT order dated 17.01.2024 (Annexure A/1) column column-3 3 mentions the date of holding continuous service in SCS, Column Column-4 mentions ons the completed year of continuous service in SCS, column column-5
5 mentions the eligibility for granting weightage, column-6 column 6 mentions the entitlement of Year of Allotment and column column-8 8 mentions the Year of allotment assigned wherein the name of applicants are at serial No.21, 23, 24, 25 and 22 respectively.
(v) It is alleged by the applicants that contrary to Annexure A/1 order dated 17.01.2024 the year of allotment was assigned to the applicants in 2013 in place of 2012 which is highly irrational, discriminator discriminatory, arbitrary and per-se--
illegal. It amounts to negative appreciation of facts which is against the established principles of law. It is further averred by the Applicants that they have been assigned Year of Allotment as 2013 in place of 2012, merely due to belated date of joining of one of their batch mates placed higher in the SCS merit list, namely, Sri Navin, who joined the State Civil Service on 27.05.1996, one year later than the applicants, referring to the proviso to Rule Rule-3 (3) (ii) of the Indian Administrative inistrative Service (Regulation of Seniority) Rules, 1987 which cannot be a ground to deprive the applicants of their genuine rights.
(vi) Applicants have further alleged that the concept of the proviso to the said Rule Rule-3 3 (3) (ii) has been misinterpreted by comparing the applicants with one of their batch mates placed higher in the SCS merit list, namely, Sri Navin, whose case is quite distinguishable for the reason that Sri Navin, although SCS officer of 38th BPSC batch of 1995, could not complete 25 year yearss of continuous and qualifying a service and as a result, he got weightage of 7 years for competition of 24 years of continuous service and that being the reason, his assigned year of allotment is 2013, whereas, the applicants have admittedly completed 25 years of continuous and qualifying service and have been granted a weightage of 08 years in the same manner as their other two batch mates placed higher in the merit list, namely, Sri Arun Kumar Singh and Sri Bibhuti Ranjan Choudhary placed at serial No. 118 8 and 19 of the order dated 17.01.2024 as contained in Annexure A/1 who have been granted 2012 as the year of allotment since they are also SCS officers of the 38th BPSC batch of 1995. Therefore, the case of the applicants can only be compared with the afo aforesaid resaid officers, namely, Sri Digitally signed by SURYAROOP KABI DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=govt, Phone=4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c0 SURYAROOP KABI 9841fe7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER=20d9f640c92cc412e72af8cc564e5b863168ef75a 1eadc65bafc0b4758f5dd33, CN=SURYAROOP KABI Reason: I am the author of this document Location:
Date: 2025-07-25 16:20:31
-7- OA/050/00296/2024 with OA/050/00410/2024 Arun Kumar Singh and Sri Bibhuti Ranjan Choudhary of the same Select List of 2020 and for any fault/lapses/belated joining of the aforesaid officer of the same SCS batch, Sri Navin, the applicants cannot be allowed to suffer on ground of negative appreciation of facts which is against the established principles of law and is thus discriminatory.
(vii) According to the applicants, concerned part of the aforesaid proviso to Rule, 1987 is required to be modified as under: "he shall not be assigned year of allotment earlier than year of allotment assigned to other officer senior to him in that Select List with the exception of an officer/officers of same SCS Batch joining the service later or appointed on the basis of earlier select list" in other words without restricting the year of allotment of officers placed below him /them in the select list based upon the belated joining of a batch mate placed higher in the SCS merit list [Annexure A/3].
(viii) Applicants have submitted represe representation ntation on 25.01.2024 for issuing a corrigendum showing their year of Allotment as 2012 in place of 2013 against Select List List-2020 at par with co--appointees, appointees, namely, Sri Arun Kumar Singh and Sri Bibhuti Ranjan Choudhary, both SCS officers of the same 38th BPSC PSC Batch of 1995. Though the representation was forwarded to DoPT Government of India vide letter No.2585 dated 12.02.2024 of the General Administration Department, Government of Bihar but no order has been passed till date.
(ix) Applicants have sent thei theirr representation on 25.01.2024 (Annexure A/4) by e-mail mail to the respondents DoPT but neither any order has been passed nor the year of allotment of the applicants has been rectified.
(x) Applicants have stated that the rights of the applicants have been infringed by way of illegal action and misinterpretation of the proviso to the aforesaid Rule, hence the applicants have no remedy other than to knock the doors of justice. Hence, the OA.
5. Brief facts of the case, as per the applicants of OA No. 410/20 410/2024 are as follows:-
(i) Applicants were duly selected, by B.P.S.C. and they were appointed as Deputy Collector on different dates. Their names were mentioned at Sl. No. 2 to 8 of the Select List 2022 (against vacancies arising between 01.01.2022 to 31.12.
31.12.2022) 2022) vide notification dated 12.12.2023 (Annexure-A/1).
(Annexure A/1). The Digitally signed by SURYAROOP KABI DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=govt, Phone=4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c0 SURYAROOP KABI 9841fe7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER=20d9f640c92cc412e72af8cc564e5b863168ef75a 1eadc65bafc0b4758f5dd33, CN=SURYAROOP KABI Reason: I am the author of this document Location:
Date: 2025-07-25 16:20:53
-8- OA/050/00296/2024 with OA/050/00410/2024 name of Sri Sanjay Kumar finds place at sl. No. 1 in the said list who joined as Dy. Collector on 05.06.1996, i.e much after joining of the applicants in 1995. All the applicants had completed 27 years of Service, as such they were given weightage '9' and Shri Sanjay Kumar had completed 26 years of Service as such he has been given '8' weightage in terms of IAS (Regulation of Seniority) Rule 1987. Applicants as well as Mr. Sanjay Kumar have finally finally been selected for the post of I.A.S. in terms of I.A.S. (Appointment by Promotion) Regulation 1995.
(ii) It is contended by the applicants that the General Administration Department, Govt. of Bihar issued Notification dated 12.12.2023 (Annexure A/2) for their posting.
(iii) Applicants are concerned with the Select List of 2022 issued by respondent no. 3 vide order dated 17.01.2014 (Annexure A/3) whereby year of allotment has been fixed. Applicants have been held entitled for allotment year 2013, whe whereas reas Mr. Sanjay Kumar has been held entitled for allotment year 2014 taking recourse to proviso of Sub Rule 3(ii) of said IAS (Regulation of Seniority) Rule, 1987 which, according to the applicants, is not only illegal and arbitrary but also discriminatory as the said proviso is contrary to the spirit of Article 14 and 16 of the Constitution of India is not based on sound principle of law.
(iv) Applicants filed joint representation on 25.01.2024 for redressal of their legal grievance before respondent no. 5 and a copy of the same was also forwarded to respondent no. 3. Though the representation of the applicants was duly forwarded to the respondent no. 3 by respondent no. 5 vide letter dated 12.02.2024 still the respondent no. 1 to 3 are sitting tight over the matter (Annexure A/5 Series). Hence, the OA.
6. Written statements on behalf of respondents no. 1 and 2 (DoP&T) and respondents no. 3 and 4 (State Government of Bihar) have been filed separately in OA No. 296 of 2024 and in OA No. 410 of 2024.
7. In both the OAs, the DoPT in its written statement have submitted that seniority/year of allotment of the applicants has been Digitally signed by SURYAROOP KABI DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=govt, Phone=4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c09841f SURYAROOP KABI e7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER=20d9f640c92cc412e72af8cc564e5b863168ef75a1eadc 65bafc0b4758f5dd33, CN=SURYAROOP KABI Reason: I am the author of this document Location:
Date: 2025-07-25 16:21:09
-9- OA/050/00296/2024 with OA/050/00410/2024 determined as per Rule 3(3)(ii) of Indian Administrative Service (Regulation of Seniority) Rules 1987 as amended from time to tim time e which reads as under:
"The year of allotment of a promotee officer shall be determined with reference to the year for which the meeting of the Committee to make selection, to prepare the select list on the basis of which he was appointed to the Service, was held and with regard to the continuous service rendered by him in the State Civil Service not below the rank of a Deputy Collector or equivalent, up to the 31st day of December of the year for which meeting of the Committee to make selection was held to to prepare the select list on the basis of which he was appointed in the Service, in the following manner:-
manner:
"(a) for the service rendered by him upto twelve years, he shall be given a weightage of one year for every completed four years of service, subject to a minimum of three years;
(b) for the service rendered by him beyond 12 years, as referred to in sub-clause clause (a) and upto 21 years, he shall be given a weightage of one year for every completed three years of service;
(c) for the service rendered by him beyond 21 years, as referred to in sub-clause clause (b), he shall be given a weightage of one year for every completed two years of service, subject to a maximum of three years.
Explanation- For the purpose of calculation of the weightage under this clause, the fractions, if any, are to be ignored. Provided that he shall not be assigned a year of allotment earlier than the year of allotment assigned to an officer senior to him in that select list or appointed to the service on the basis of an earlier select list."
The DoP&T have also given the weightage formula in para 4 of their written statement. It is stated that seniority is nothing but Digitally signed by SURYAROOP KABI DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=govt, Phone=4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c09841fe7 SURYAROOP KABI c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER=20d9f640c92cc412e72af8cc564e5b863168ef75a1eadc65 bafc0b4758f5dd33, CN=SURYAROOP KABI Reason: I am the author of this document Location:
Date: 2025-07-25 16:21:24
-10- OA/050/00296/2024 with OA/050/00410/2024 incidence of service depending upon the Select List by which the officer was appointed to IAS and weightage approved for the continuous service rendered in the rank of Deputy Collector or equivalent. The applicants have been appointed to State Civil Services es in the rank of Deputy Collector in the year 1995 and they have rendered 25 years of service upto 31.12.2020 and 27 years of service upto 31.12.2022 respectively in both the OAs. It is further submitted that as per weightage formula, the applicants are eentitled ntitled for weightage of 8 and 9 years respectively in both the OAs.
Accordingly, the applicants are entitled for 2012 (2020 minus 08) and 2013 (2022 minus 09) respectively as years of allotment as per provisions of Rule 3(3)(ii) of the IAS (Regulation of Seniority) Rules, 1987. However, their immediate seniors, namely, Shri Navin and Shri Sanjay Kumar have completed 24 years of service as on 31.12.2020 and 26 years of service as on 31.12.2022 respectively and entitled for weightage of 7 years/8 years respe respectively.
ctively. Accordingly, Shri Navin and Shri Sanjay Kumar have been assigned 2013 (2020 minus 07) and 2014 (2022 minus 08) respectively as year of allotment. Therefore, the seniority/year of allotment of the applicants have been restricted to 2013/2014 under proviso to Rule 3(3)(ii) of IAS (Regulation of Seniority) Rules. It has been clearly mentioned in the Order No.14014/02/2024 No.14014/02/2024-AIS-1 1 dated 17.01.2024. Therefore, it is crystal clear from the above that the said Order No.14014/02/2024 No.14014/02/2024-AIS-II dated 17.01.2024 h has as been issued as per the extant rules and Digitally signed by SURYAROOP KABI DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=govt, Phone=4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c09841 SURYAROOP KABI fe7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER=20d9f640c92cc412e72af8cc564e5b863168ef75a1ead c65bafc0b4758f5dd33, CN=SURYAROOP KABI Reason: I am the author of this document Location:
Date: 2025-07-25 16:21:38
-11- OA/050/00296/2024 with OA/050/00410/2024 regulations on the subject. It is further submitted by the said respondents in OA 296/2024 that while forwarding the representation of the applicants dated 25.01.2024 the State Government also forwarded the repres representation entation dated 08.02.2024 of Shri Navin in which it was maintained by Shri Navin that the delay of one year in joining the state service is not attributed to him and therefore, he may be allotted 2012 batch same like his batchmates from Sr. No. 18 and 19 ffrom rom Select List 2020. While observing that the claims of the applicants can be decided only with reference to the resolution of the representation of Shri Navin, the State Government was requested to provide their clear opinion in the matter vide letter da dated ted 19.03.2024 and that no communication has been received from the State Government in the matter. The respondents (DoP&T) have, therefore, prayed for dismissal of both the OAs.
8. The State respondents in both the OAs have submitted that the appointmen appointmentt from SCS to IAS is governed by the rules and regulations framed by the Govt. of India and thus the State Government has no role in fixation of inter se seniority of the SCS officers inducted to IAS service. The entire grievance raised by the applicants ccomes omes under the purview of Union of India, Ministry of Personnel and Public Grievances and Pension, Department of Personnel and Training and therefore the State respondents are merely proforma party in the present case. It is further submitted Digitally signed by SURYAROOP KABI DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=govt, Phone=4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c0984 SURYAROOP KABI 1fe7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER=20d9f640c92cc412e72af8cc564e5b863168ef75a1ea dc65bafc0b4758f5dd33, CN=SURYAROOP KABI Reason: I am the author of this document Location:
Date: 2025-07-25 16:21:53
-12- OA/050/00296/2024 with OA/050/00410/2024 that the repr representations esentations filed by the applicants have been forwarded to Department of Personnel and Training, Govt. of India for proper action vide letter dated 12.02.2024 (Annexure (Annexure-A).
9. The applicants in both the OAs have filed rejoinder to the written statements filed by the DoP&T and State. While reiterating the statements made in the OA they have denied the contention of the respondents in their rejoinder. It is further submitted that for any fault/lapses/belated joining of the aforesaid officers of the SCS batch, atch, namely, Shri Navin and Shri Sanjay Kumar, the applicants cannot be allowed to suffer on ground of negative appreciation of facts which is against the established principles of law and is thus discriminatory and that the sole remedy lies in declaring the proviso to Rule 3(3) (ii) of the IAS (Regulation of Seniority) Rules, 1987 as ultra vires and contrary to constitutional provisions.
Rule, Issue, Analysis and Conclusion:
10. We have heard the learned counsel appearing for the parties and perused the materials on record carefully.
11. At the outset we will like to reproduce the relevant Rule 3(3)(ii) of the IAS (Regulation of Seniority) Rules, 1987 that reads as under:
"The year of allotment of a promotee officer shall be determined with reference e to the year for which the meeting of the Committee to make selection, to prepare the select list on the basis of which he was appointed to the Service, was held and with regard to the continuous service rendered by him in the State Civil Service not below w the rank of a Deputy Collector or Digitally signed by SURYAROOP KABI DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=govt, Phone=4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c09841f SURYAROOP KABI e7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER=20d9f640c92cc412e72af8cc564e5b863168ef75a1eadc 65bafc0b4758f5dd33, CN=SURYAROOP KABI Reason: I am the author of this document Location:
Date: 2025-07-25 16:22:07
-13- OA/050/00296/2024 with OA/050/00410/2024 equivalent, up to the 31st day of December of the year for which meeting of the Committee to make selection was held to prepare the select list on the basis of which he was appointed in the Service, in the following manner:
er:-
"(a) for the service rendered by him upto twelve years, he shall be given a weightage of one year for every completed four years of service, subject to a minimum of three years;
(b) for the service rendered by him beyond 12 years, as referred to in sub-clause clause (a) and upto 21 years, he shall be given a weightage of one year for every completed three years of service;
(c) for the service rendered by him beyond 21 years, as referred to in sub-clause clause (b), he shall be given a weightage of one year for every completed two years of service, subject to a maximum of three years.
Explanation- For the purpose of calculation of the weightage under this clause, the fractions, if any, are to be ignored. Provided that he shall not be assigned a year of allotment earlier earlier than the year of allotment assigned to an officer senior to him in that select list or appointed to the service on the basis of an earlier select list."
This rule and its proviso that decides the year of allotment of a promotee officer in the newly acq acquired uired rank of IAS can be dissected into two simple parts:
(a) The first part refers to a simple arithmetic calculation that is made on the basis of the number of years of qualifying service and the corresponding weightage formula. There is absolutely no dispute spute and difference of opinion between the parties about this non discriminatory part of the rule.
(b) The second part as stipulated in the proviso to the above rule is about "setting the ceiling". This means that an officer who is Digitally signed by SURYAROOP KABI DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=govt, Phone=4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c09841f SURYAROOP KABI e7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER=20d9f640c92cc412e72af8cc564e5b863168ef75a1ead c65bafc0b4758f5dd33, CN=SURYAROOP KABI Reason: I am the author of this document Location:
Date: 2025-07-25 16:22:22
-14- OA/050/00296/2024 with OA/050/00410/2024 promoted to the rank of IAS cannot be assigned a year of allotment earlier than the year of allotment assigned to an officer senior to him in that select list or appointed to the service on the basis of an earlier select list of allotment. In other words this will also mean that no officer in that select list who is junior to the officer "setting the ceiling" will get the year of allotment that is prior to the year that has been assigned to that senior officer who has set the ceiling.
12. In the instant OAs under adjudication, adjudication, we have arrived at a situation where the senior persons Shri Navin and Shri Sanjay in the same select list of 2020 & 2022 respectively get an year of allotment that is 2013 & 2014 respectively on the calculation as envisaged in the first part above above.. This is later than the year of entitlement of their juniors 2012 & 2013 respectively for the reason that they had less numbers of qualifying years of service. Since they have set the ceiling ceiling,, their juniors, per force, have to be placed in a year of allotment ment that is lower than their entitlement.
13. Now the issue is that why should the junior suffer because the person senior to him lacked that many years of qualifying service as the junior had? The senior may have joined late in the service because of whatever reason which is entirely personal to him. If we allow that person to decide the career progression of a junior person without his fault, then it is not fair and it violates his legal rights to be treated fairly in the matter of public employme employment?
14. In OA 296/2024 Sri Navin is senior to all of the five applicants. During the course of hearing this bench was apprised of Digitally signed by SURYAROOP KABI DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=govt, Phone=4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c09841fe SURYAROOP KABI 7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER=20d9f640c92cc412e72af8cc564e5b863168ef75a1eadc6 5bafc0b4758f5dd33, CN=SURYAROOP KABI Reason: I am the author of this document Location:
Date: 2025-07-25 16:22:37
-15- OA/050/00296/2024 with OA/050/00410/2024 the fact that Sri Navin had submitted a representation on 22.01.2024 to the Principal Secretary, General Administrative D Department epartment Government of Bihar (Respondent No. 4 of the this OA) wherein he has stated that he was selected through the 38th BPSC examination in the year 1995. The appointment of all the successful candidates of this examination was effected in phases. The first and second phases of appointment were completed in 1995 itself. When the process for appointment of remaining 25 candidates was under progress one case was filed in Hon'ble High Court of Patna leading to the matter being kept in abeyance and the said officer was made to wait. Finally, after the final order of Hon'ble High Court of Patna and the SLP assailing that order in Hon'ble Supreme Court he got appointed on 25.05.1996. He has taken the plea that this delay in joinin joiningg is not attributable to him and hence his qualifying service be counted as 25 years like those of his juniors. Accordingly, he should be assigned the year of allotment in IAS as 2012 as opposed to presently assigned 2013. The state Government has sent his representation for consideration to DoPT Government of India who are Respondents No. 1 & 2 in both the OAs. On specific query from this bench as to the outcome of this representation counsel for respondents no. 1 & 2 has got a clarification vide a letter of DoPT letter No. 22012/17/2024--
AIS.I(S.II&III) dated 07.07.2025 that clarifies that the matter is pending for opinion of the state Government of Bihar. The counsel for respondents no. 3 & 4 had initially stated that they have not Digitally signed by SURYAROOP KABI DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=govt, Phone=4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c0984 SURYAROOP KABI 1fe7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER=20d9f640c92cc412e72af8cc564e5b863168ef75a1ea dc65bafc0b4758f5dd33, CN=SURYAROOP KABI Reason: I am the author of this document Location:
Date: 2025-07-25 16:22:50
-16- OA/050/00296/2024 with OA/050/00410/2024 received any query fro from Government of India. After receipt of the reminder dated 07.07.2025 the State Government of Bihar has replied on 08.07.2025 vide letter No. 12388 that they have no role to play in this decision making process meaning thereby that they have no opinion tto submit.
15. Here is a bizarre case where the matter is still fluid. If the representation of SShri Navin gets decided in his favour because he has argued that it was not his fault that he joined late then he will be getting the year of allotment that is 2012. In that case this ceiling breaks and all the applicants of OA 296/2024 will automatically get 2012 aass the year of allotment to the IAS as per the rule without any favourable order from this Tribunal.
16. The State Government of Bihar has abdicated its role of either taking a decision or submitting a clear opinion to the Government of India. They could have easily taken a decision with regard to accepting the contention of Sri Navin if he is not at fault by granting him a notional date of appointment in the service without any monetary benefit as per the date of appointment of his immediate junior. This would have placed him in year 2012 as his qualifying service would have become 25 years. This would have solved the whole problem and all the applicants of OA 296/2024 would have their grievances redressed without any intervention of this tribunal.
Digitally signed by SURYAROOP KABIDN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=govt, Phone=4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c098 SURYAROOP KABI 41fe7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER=20d9f640c92cc412e72af8cc564e5b863168ef75a1e adc65bafc0b4758f5dd33, CN=SURYAROOP KABI Reason: I am the author of this document Location:
Date: 2025-07-25 16:23:04
-17- OA/050/00296/2024 with OA/050/00410/2024
17. Alternatively, they should have rejected the claim of Sri Navin by assigning cogent reasons and then it would be up to him to approach a legal forum for the redressal of his grievance. Either way, they could have also offered their opinion to the Government of India as asked by them. But there was no need to abdicate stating that they have no opinion to offer and it would lie entirely within the domain of decision making process of Government of India. The fact remains that the issue of Sri Navin in asking ask for a number of years of qualifying service relate to the time when he was still in Bihar Administrative Service and the decision making process lay within the domain of Government of Bihar. He was subsequently appointed to IAS with 2013 as the yyear ear of allotment that he is contesting by making a representation as discussed above. The Government of India has procrastinated by waiting endlessly for the opinion of the Government of Bihar and they have refused to take a decision so far.
18. In view of the discussion above, above we arrive at the following conclusion:
(a) This his Tribunal is under legal obligation to adjudicate this issue and it will neither abdicate nor procrastinate.
(b) The cause of grievance for a large number of applicants of the instant OAs has arisen because of this mechanistic application of proviso to the Rule 3(3)(ii) of Indian Administrative Service (Regulation of Seniority) Rules 1987.
(c) First of all, the year of allotment assigned to the senior most officer in the same select list will be decided and that will set the ceiling for other officers Junior to him. This will also naturally apply to a senior person who figures somewhere in the middle of that select list who will be Digitally signed by SURYAROOP KABI DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=govt, Phone=4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c0 SURYAROOP KABI 9841fe7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER=20d9f640c92cc412e72af8cc564e5b863168ef75a 1eadc65bafc0b4758f5dd33, CN=SURYAROOP KABI Reason: I am the author of this document Location:
Date: 2025-07-25 16:23:18
-18- OA/050/00296/2024 with OA/050/00410/2024 setting the ceiling for the person junior to him in that particular select list, though it will not affect his senior in the same select list even if he is of the same batch.
(d) On the face of it, the proviso to Rule 3(3)(ii) of the IAS (Regulation (Regulation of Seniority) Rules, 1987 appears to be a sound policy because the seniority that was there in the state civil service remains intact and it does not get affected because the senior officer is fully eligible for promotion and that is why he is there in the he list of promotion to the rank of IAS. So far, So good.
(e) But the issue emerges when a large number of juniors are being forced to take a lower year of allotment below the year of their entitlement just to accommodate the senior to maintain the seniority of of this one individual.
More so, when they are nowhere being held responsible for the hardship that is being inflicted on them by bringing them down by an year that may have a cascading effect on their future promotions/increments. It is violative of the right ght of applicants to be treated fairly if they are, per force, placed in a year of allotment that is lower than their entitlement for no fault of theirs and this cannot be accepted.
(f) The same purpose of making the seniority remain intact can easily be achieved, ved, if instead of the policy of bringing down a large number of juniors to serve the interest of one senior person is replaced by upgrading that one individual senior person to the year of allotment that is being allotted to his immediate junior by creating creati a deeming fiction that such senior has same length of service as that of his immediate junior. In fact, this will serve the interest of the senior by allowing him to gain without adversely affecting any of his juniors. This purposive interpretation of the he proviso will not harm anyone one's interest as opposed to the present situation of mechanistic application of existing proviso leading to the detriment of interest of a large number of juniors.
(g) We are of the opinion that the grievances of the applicants are genuine and can easily be redressed by the purposive interpretation of the proviso as stated above. The Mischief Rule, also known as Heydon's Rule,, is one of the oldest principles of statutory interpretation used in common law systems. Originating from m the landmark case of Heydon's Case (1584), this rule focuses on interpreting a statute in a way that resolves the problem or "mischief" the legislature intended to remedy. If a plain Digitally signed by SURYAROOP KABI DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=govt, Phone=4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c0 SURYAROOP KABI 9841fe7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER=20d9f640c92cc412e72af8cc564e5b863168ef75a1 eadc65bafc0b4758f5dd33, CN=SURYAROOP KABI Reason: I am the author of this document Location:
Date: 2025-07-25 16:23:33
-19- OA/050/00296/2024 with OA/050/00410/2024 reading of the rule is causing hardship to a large number of persons, then then we should resort to purposive interpretation of law rather than a literal interpretation. This ensures that legislative intent of not putting the senior to a lower position than his junior is also aligned with the resolution of the severe hardship to junior.
junior. We emphasise the importance of adhering to established rules for assigning the year of allotment while acknowledging that adjustments may be necessary to maintain fairness. Now without adding or deleting even a word to the rule, the proviso should be e simply interpreted like this:
"Provided Provided that an officer shall not be assigned a year of allotment later than the year of allotment assigned to an officer junior to him in that select list."
list.
(h) Accordingly, Respondents are directed to place all the applicants in the year of allotment in the rank of IAS as per their year of entitlement that is 2012 & 2013 in OA 296/2024 and OA 410/2024 respectively.
(i) This tribunal will refrain from deciding the issue of Sri Navin and Sri Sanjay as they are not the applicants icants before us. It is clarified that this order has not created any prejudice to these two officers whose cases are likely to be considered by the authorities to which they have represented.
19. Accordingly, these two OAs are allowed in the above terms. No order as to cost.
Sd/- Sd/-
[RAJVEER SINGH VERMA] [KUMAR RAJESH CHANDRA]
Judicial Member Administrativ
Administrative Member
Srk.
Digitally signed by SURYAROOP KABI
DN: C=IN, O="CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH", OU=govt, Phone=4f29e5d1dcfbce8b0afeb88c04f365f9394705d2f5ab832fd6c SURYAROOP KABI 09841fe7c96ed, PostalCode=800001, S=Bihar, SERIALNUMBER=20d9f640c92cc412e72af8cc564e5b863168ef75 a1eadc65bafc0b4758f5dd33, CN=SURYAROOP KABI Reason: I am the author of this document Location:
Date: 2025-07-25 16:23:51