In partial modification of notification JSR 862 E dated 18 December 2008

## Report on Amendment to Notification G.S.R. 862E regarding IAS Promotions **1. Executive Summary:** This report analyzes a notification (G.S.R. 757 (E)) issued by the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, dated September 30, 2022. This notification constitutes an amendment to the earlier Notification G.S.R. 862E dated December 18, 2008. The core purpose of this amendment is to partially modify the original notification regarding the consideration of specific officers for promotion to the Indian Administrative Service (IAS), adjusting their eligibility based on an earlier select list year. The key finding is that this amendment addresses a court order and affects the effective date of promotion consideration for the named officers, subject to the outcome of a pending Supreme Court review. **2. Introduction:** This report aims to provide an informative analysis of the notification G.S.R. 757 (E), an amendment to the existing Notification G.S.R. 862E, based solely on the text provided. The report will cover the background, key changes introduced by the amendment, the affected stakeholders, inferred implementation aspects, and the expected impact of these changes. **3. Policy Overview:** * **Original Policy Amended:** Notification G.S.R. 862E dated December 18, 2008, File No. 11031062008AISIIA, issued by the Ministry of Personnel, P.G. Pensions, Department of Personnel & Training. * **Core Objective(s):** The original notification (G.S.R. 862E) likely established guidelines for promotion to the Indian Administrative Service (IAS). The *amendment's* objective is to rectify or adjust the consideration of specific officers for promotion to the IAS against an earlier select list year. This is based on directions from the High Court. **4. Background and Rationale:** This amendment is a direct result of an order dated 29.10.2021 from the Hon'ble High Court for the State of Telangana at Hyderabad in WP No. 164362011. The amendment is a "partial modification" of the original notification, suggesting that the court order necessitated a change in how specific individuals were being considered for promotion, specifically concerning which "select list year" their eligibility was judged against. **5. Key Provisions / Changes:** This notification amends G.S.R. 862E with the following changes: * **Specific Part Changed:** The notification relates to "consideration of the case of the following officers for promotion into Indian Administrative Service IAS against an earlier select list year than as originally notified." * **New Rule/Provision:** The amendment lists seven specific officers (Mr. G.S.R.K.R. Vijay Kumar, Mr. G. Kishan, Mr. K.S. Sreenivas Raju, Mr. K.R.B.H.N. Chakravarthy, Mr. M. Girija Shankar, Mr. G. Ravi Babu, Mr. Ch. Vijay Mohan) whose cases will be reconsidered for IAS promotion based on an earlier select list year. The amendment also sets the effective date for the changes as 22.07.2002, superseding what was outlined in the prior notification. * **Difference/Effect of Change:** The amendment alters the basis for considering the listed officers for promotion, seemingly advancing their eligibility by referencing an earlier select list year. This may increase their chances of promotion, or at least ensures their case is reviewed under the criteria of an earlier year, and changes the effective date that these changes will take effect. **6. Target Audience and Stakeholders:** The primary stakeholders are: * The seven named officers: Mr. G.S.R.K.R. Vijay Kumar, Mr. G. Kishan, Mr. K.S. Sreenivas Raju, Mr. K.R.B.H.N. Chakravarthy, Mr. M. Girija Shankar, Mr. G. Ravi Babu, and Mr. Ch. Vijay Mohan. * The Ministry of Personnel, Public Grievances and Pensions, particularly the Department of Personnel and Training. * The Hon'ble High Court for the State of Telangana at Hyderabad. * The Hon'ble Supreme Court (due to the pending Review Petition). * Other officers potentially impacted by changes in promotion lists and seniority. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Department of Personnel and Training within the Ministry of Personnel, Public Grievances and Pensions is responsible for implementing this amendment. * **Timelines/Procedures:** The effective date of the change is 22.07.2002. However, the implementation is contingent on the outcome of a Review Petition filed in the Hon'ble Supreme Court. * **Amendment Specific Implementation:** The Department of Personnel and Training will need to review the cases of the named officers based on the criteria of the earlier select list year. **8. Expected Outcomes / Impact of Changes:** The intended outcome of these changes is to comply with the High Court order and potentially facilitate the promotion of the listed officers to the IAS based on a revised eligibility assessment. The impact of the changes is uncertain until the Supreme Court rules on the Review Petition. If the Supreme Court upholds the High Court's order, the officers' chances of promotion may increase. **9. Conclusion:** The notification G.S.R. 757 (E) is a significant amendment to G.S.R. 862E, specifically addressing the promotion eligibility of seven officers to the IAS. This amendment is driven by a High Court order and is subject to a pending Supreme Court review. The amendment's impact is potentially significant for the listed officers and highlights the interaction between judicial review and administrative policy concerning civil service promotions.

Key Entities Referenced