Annexure

Subject: Resumption of Regular Promotions in Central Secretariat Service reg.

From past 6 years regular promotions in Central Secretariat Service has been stalled.
As per CS Division DoPT, present stumbling block in promotion is receipt of notice in
contempt petition filed by Shri DN Sahoo, retired Deputy Secretary against the adhoc
promotions in the grade of DS (ad-hoc) to Director (ad-hoc) of CSS, in the Contempt (Civil)
No. 200/2021, Diary No. 2087/2021. The contempt petition alleges violation of ‘status quo’
order dated 15.04.2019 of the Hon’ble Supreme Court in SLP (C) No. 30621/2011.

2. Stopping of promotion by DoPT subsequent to filing of the contempt petition has been
discussed point wise as under:-

i. The SC order dated 15.04.2019 in SLP (C) No. 30621/2011 mentions, “until further
orders, status quo, as it exists today, shall be maintained. List all the matters on
15.10.2019”.
ii. In the first instance, the aforesaid order never mentioned about status quo for
promotion.
iii. Secondly, it is a matter of fact that judgement of main case has been announced on
28.01.2022. Once judgement has been announced the interim orders do not stand.
iv. Also, as per judgement announced by SC in main case (SLP (C) No. 30621/2011),
Nagraj shall be implemented prospectively. In that case, this contempt petition does not
stand as they are demanding revision in US SL of 2003 whereas Nagaraj was announced in
the year 2006.
v. In view of above, the allegations in contempt petition do not stand in the eyes of law.
vi. Some Under Secretaries filed a writ petition in Hon’ble High Court for revision of
SL-2003 onwards of Under Secretaries to comply with the guidelines issued by Hon’ble
Supreme Court in M.Nagraj case.
vii. As per Hon’ble SC’s website, the contempt petition is at admission stage: -

viii. This contempt petition has been attached with the main case on this issue i.e.
JARNAIL SINGH vs. LACHHMI NARAIN GUPTA (SLP(C) No. 030621 / 2011
Registered on 08-11-2011).
 ix. In this contempt case or even in the main case to which, this has now been attached,
Hon’ble SC has till date not issued any directions for stopping promotions.
x. Stopping promotions barely on filing of a contempt case by individual may not be
righteous as it may indicate that DoPT is admitting that it is at fault and due to this,
promotions have been stalled (if it is so, DoPT must make necessary changes in its
policy than to stop career progression of employees).
xi. Since, DoPT has not changed its reservation policy after Jarnail Singh’s judgement of
2018 or even after clarificatory judgement given by SC on 28.01.2022 in this regard.
Thus, it may be assumed that DoPT is confident that it is following the rule of law and
its policies are complying with the judgements in reservation in promotion cases. In
that situation, stopping promotions on mere filing of a contempt petition certainly
shows the Department in bad light in front of Hon’ble Bench in SC.
xii. It is imperative to quote DoPT’s OM No. 36012/11/2016-Estt. (Res-I) (Pt-II) dated
15th June, 2018 in this regard wherein following order/ observation of Hon’ble
Supreme Court in different but related cases have been referred:-
a) The Hon'ble Supreme Court in SLP (C) No. 30621/2011 has passed the
following Order on 17.05.2018: "It is directed that the pendency of this
Special Leave Petition shall not stand in the way of Union of India taking
steps for the purpose of promotion from `reserved to reserved' and
'unreserved to unreserved' and also in the matter of promotion on merits .
b) Further, in the matter related to SLP(C) No. 31288/2017, connected to
Special Leave to Appeal (C) No. 28306/2017, the Hon'ble Supreme Court held
as under on 05.06.2018: "Heard learned counsel for the parties. Learned
ASG has referred to order dated 17.05.2018 in SLP (C) No.30621/2011. It is
made clear that the Union of India is not debarred from making promotions
in accordance with law, subject to further orders, pending further
consideration of the matter. Tag to SLP(C) No.30621 of 2011."

Citing above SC order/observation, DoPT communicated to all cadre

controlling authorities of Central Government/ UTs to carry out promotions in
accordance with the directions of Hon’ble Supreme Court. This OM of DoPT
further mentions, “Every promotion order must clearly mention the stipulation
that the promotion shall be subject to further orders which may be passed by
the Hon’ble Supreme Court”
xiii. Aforementioned OM of DoPT has not been modified or cancelled till date which
clearly establishes that this OM is in vogue. By stopping promotion, DoPT is not
complying with the directions issued by itself.
xiv. It is a matter of fact that various Departments are issuing regular promotion orders in
various grades and are effectively complying with the DoPT’s cited OM of June,
2018.
xv. Promotion orders of at least 35 Departments have been collected along with that of
Supreme Court Registry (please refer Annexure-II) wherein employees are getting
unbarred promotional benefits.
xvi. Denying promotion to one set of employees and granting the same to similarly placed
another set of employees is clear violation of right to equality.

3. The facts outlined in above para, clearly establishes that stopping regular promotion
by DoPT is not only irrational and unreasonable but also unjustified. It also does not goes
well the principles of natural justice as there is irreversible losses to employees. The situation
is even more grim for those who are getting retired every month without availing the
promotional benefits due to them. Hassle free and timely promotions are not welfare
measures but sine-qua-non for any establishment.

4. Having discussed all aspects, it becomes imperative to mention the case of Assistant
Section Officers (ASOs) of 2012 batch posted in Central Secretariat who have been denied
promotions to the post of Section Officer on the pretext of this contempt petition without
even examining their linkage to the ongoing issue despite their select list being final and DPC
formalities being completed. It is a fact that in Section Officers’ grade there are around 1500
vacancy as on date and total incumbents in the ASO grade of 2012, as per DoPT’s OM dated
16.06.2021, are only 419. Since, there are more seats than the availability of eligible
candidates, whole batch will get promoted en-bloc and as such no reservation in promotion
issue would arise. The promotion of ASOs in the grade of Section Officer is completely
alienable to the present contempt petition. It is beyond comprehension as to why the
promotions in this grade was also stopped.

5. Proposed way out:

i. DoPT shall follow it’s own OM No. 36012/11/2016-Estt. (Res-I) (Pt-II) dated
15th June, 2018 and shall issue promotion orders by clearly mentioning in
every order that “the promotion shall be subject to further orders which may
be passed by the Hon’ble Supreme Court”.
ii. Promotions in ASO to SO grade are completely delinked. By unjustifiably
linking it with reservation in promotion issue, DoPT has already attributed to
irreversible losses to several employees. DoPT must ensure to avoid such
irrational linkages in future.

This issue and proposed way out has been summarised as per flow chart in
Annexure-I.
 Annexure-I

D.N. Sahoo filed a contempt

petition

DoPT receives notice

DoPT stops promotions in all grades

BUT

YES
NO

Are other Is DoPT’s OM of 15th

Is there any
Is Contempt Departments
June, 2018 itself asks
direction by for issuing promotion
Petition issuing regular
Hon’ble SC to orders pending
admitted ? stop promotion promotions further considerations
in Court

Because
WAY OUT
Because Because

Because
DoPT must immediately start
regular promotions
 Annexure-II

List of Promotion orders issued recently

S. No. Name of the Promotion from Promotion to Order No. and date. No. of
Ministry/ Post Pay Post Pay officers
Department Level level promoted
1. Supreme Court Court Senior No. 96/2021 dated 08th 4
Registry Assistant Court July, 2021
Assistant
2. CPWD Assistant   technical 7 30/01/2021-EC V 17
Officer dated 10.01.2022
3. Cadre Cell, M/o Section   Under   Q/CAD/584/05/2021 38
External Affairds Officer Secretary
4. O/o Chief     Office 6 F. No. 78
Commissioner Superintend Pr.CCIT/MP&CG/CS/D
of Income Tax, ents PC/Group B &C/2022
Bhopal dated 24.12.2021
5. O/ Principal Income 7 Income Tax 8 F.No. Pr.CCIT/2(6) 15
Chief Tax Officer (a)/Estt/2021 dated
Commissioner Inspector 30.12.2021
of Income Tax,
Hyderabad
6. CBITC Administrat 8 Chief 10 F.No. 32012/05/2020- 25
ive Officer Accounts Ad.IIA
Officer
7. Central Assistant   Assistant 10 2/3/2021-Adm.I(CEA) 4
Electricity Engineer Executive dated 10.11.2021
Authority, Delhi Engineer
8. O/ Principal Administrat   Administrati 8 F.No. Pr.CCIT/2(6) 3
Chief ive Officer ve Officer (a)/Estt/2021 dated
Commissioner (Gr.III) (Gr.II) 31.12.2021
of Income Tax,
Hyderabad
9. CPWD Section   Assistant 7 No. 30/04/2017-EC- 1
Officer Director V/Vol.II dated
(Horticultur (horticulture 13.12.2021
e)
10. CPWD Office   Assistant 7 5/44/2021-EC.IV 21
Superinten Administrati (SC)/1079(E) dated
dents ve Officer 23.12.2021
11. CPWD Steno Gr. I   Private 7 5/49/2021-EC.IV 9
Secretary (SC)/1053(E) dated
16.12.2021
12. Ministry of ASO 7 Section 8 A/47922/SO-Adhoc/ 9
Defence Officer 2021/CAO/P-1(A)/108
dated 28.12.2021
13. Ministry of Senior   ASO 7 A/47921/DPC/2022/ 80
Defence Secretariat ASO/CAO/P-1(B)
Assistant dated 27.12.2021
14. Ministry of ASO 7 Section 8 A/47922/SO-Adhoc/ 40
Defence Officer 2021/CAO/P-1(A)/
90dated 26.11.2021
15. Ministry of Steno 'D'   Personal 7 A/258372/PA/DPC/ 6
Defence Assistant 2021(Supp)/
2022(reg)/CAO/P-2(A)
dated 31.12.2021
S. No. Name of the Promotion from Promotion to Order No. and date. No. of
Ministry/ Post Pay Post Pay officers
Department Level level promoted
16. Ministry of Steno 'D'   Personal 8 A/258372/PA/DPC/ 3
Defence Assistant 2021(Supp)/
2022(reg)/CAO/P-2(A)
dated 31.12.2022
17. Ministry of Staff Car   Staff Car 2 A/27175/DPC/Driver 2
Defence Driver Driver Grade-II/CAP/P-2
(OG) (Gr.II)
18. Ministry of Senior   Assistant 10 Dated 24.11.2021 2
Defence Translation Director
Officer (OL)
19. Ministry of Junior   Senior 7 A-32014/1/2021-IIS 6
Infromation and Grade of Grade of IIS dated 14.06.2021
Broadcasting IIS
20. O/o Principal Examiner 7 Appraiser 8 F.No. 328
Commissioner II/(39)/OTH/1059/2021-
of P&E dated 15.06.2021
Customs(Gener
al), Mumbai
21. Department of Junior   Assistant 7 F.No. 1
Posts Engineer Engineer(El 4-5/2019-CWP/98
(electrical) ectrical) dated 15.06.2021
22. CBITC, M/o Administrat   Chief 10 F.No. 32012/05/2020- 1
Finance ive Officer Accounts Ad.IIA dated
Officer 16.12.2021
23. CBITC, M/o Superinten 8 Assistant 10 F.No. 32012/16/2021- 1
Finance dents Commissio Ad.IIA dated
ner 07.01.2022
24. M/o MSME Investigato 6 Assistant 7 No.A-32012/14/2010- 4
Office of r Director, A(G) dated
Devclopment (Economic Gr. I1, 30.12.2021
Commissioner Investigatio (Economic
(Micro, Small n) Investigatio
and Medium n)
Enterprises)
25. Delhi Junior   Assistant 7 EO No. 1379 dated 172
Development Engineers Engineers 31.12.2021
Authority
26. Delhi Assistant 7 Assistant 8 E O no. 1384 dated 81
Development Section Director 31.12.2021
Authority Officer
27. M/o Commerce, Sections 6 Foreign 7 A-32012/1/2021-HRD- 26
DGFT Head Trade 1/1132 dated
Developme 10.08.2021
nt Officer
28. Indian Audit and Asssistant 8 Senior 10 Estt.(Au)-Prom/Sr. 15
Account Audit Audit AO/2020-21/B-86
Department, Officers Officer dated 24.02.2021
Patna
29. Ministry of Programm   Senior 10 P O No. 18 of 2021 5
Railway ers Programme dated 02.03.2021
r
30. MoSPI Senior 7 Assistant 10 F. No. 12015/02/2020- 8
Statistical Director ISS-Part-I
Officer
31. M/o Commerce, Foreign 7 ADG 10 A-32013/4/2020-HRD 9
DGFT Trade foreign 1/973
S. No. Name of the Promotion from Promotion to Order No. and date. No. of
Ministry/ Post Pay Post Pay officers
Department Level level promoted
Developme Trade
nt Officer
32. M/o External Senior 5 Assistant 6 CDR-II/560/08/2021 51
Affairs, PSP Passport Superintend dated 31.12.2021
Division Assistant ents
33. M/o External Assistant 6 Superintend 7 CDR-II/560/09/2021 2
Affairs, PSP Superinten ents dated 31.12.2021
Division dents
34. M/o External Assistant   Deputy 11 CDR-II/560/04/2021 8
Affairs, PSP Passport Passport dated 29.12.2021
Division Officer Officer
35. Rajbhasha, Junior 6 Senior 7 dated 29.06.2021 55
MHA Translation Translation
officer Officer
Total Officers promoted 1126