KARNATAKA STATE CIVIL SERVICES (REGULATION OF PROMOTION, PAY AND PENSION) ACT, 1973

THE KARNATAKA STATE CIVIL SERVICES (REGULATION OF PROMOTION, PAY AND PENSION) ACT, 1973

Act No. 11 of 1974

11th April 1974

WHEREAS on the basis of the ranking of civil servants in the several inter-state seniority lists prepared in pursuance of sub-section (5) of section 115 of the States Reorganisation Act, 1956 (Central Act 37 of 1956), courts have directed the making of retrospective promotions to statutory and other offices; AND whereas as held by the Supreme Court in Ajit Singh Vs. State of Punjab reported in All India Reporter 1967, Supreme Court 856 and in Income-Tax Officer, Alleppy Vs. N.C. Ponnoose, reported in All India Reporter 1970 Supreme Court 385 appointments of civil servants to offices in which statutory functions are exercisable cannot be made with retrospective effect; AND whereas retrospective promotions involve payment of large sums of money to persons who have not worked in the promotional posts or offices concerned, to the detriment

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S.1 Short title and Commencement

(1) This Act may be called the 1[Karnataka]1 State Civil Services (Regulation of Promotion, Pay and Pension) Act 1973.

(2) This section and sections 2,4,5,6,7,8,9,10 and section 12 shall be deemed to have come into force on the first day of November, 1956 and the remaining sections shall come into force at once.

1. Substituted by Act 40 of 1976 and by Act 25 of 1982 w.e.f. 11.4.1974.

S.2 Definitions

In this Act unless the context otherwise requires, -

(a) 'allottee' means a Government servant allotted or deemed to have been allotted to serve in connection with the affairs of the State of 1[Karnataka]1 under or in pursuance of section 115 of the States Reorganisation Act 1956 (Central Act 37 of 1956);
(b) 'civil servant' means a person who is a member of civil service of the State of 1[Karnataka]1 or who holds a civil post under the State of 2[Karnataka]2 and includes an allottee;
(c) 'final seniority list' means an inter-State seniority list of allottees prepared in accordance with the decisions of Central Government under the provisions of sub-section (5) of section 115 of the States Reorganisation Act 1956 (Central Act 37 of 1956);
(d) 'Inter-State seniority list' means an inter-State seniority list prepared from time to time, on the basis of the seniority in which the e

S.3 Promotions, etc., of civil servants

(1) No civil servant shall,-

1(a) be entitled to promotion to any post or office with effect from a retrospective date, except and to the extent specified in the rules made under this Act.1

(b) only on the ground of his seniority in a seniority list, be promoted to any post or office unless the authority competent to promote determines his eligibility and promotes him by a written order to officiate in such post or office; and no such civil servant shall, save as provided in section 9, be entitled to continue in such promoted post or office unless the said authority assesses the work of such civil servant in such post or office and declares by a written order that he had satisfactorily completed his officiation;

(c) when promoted to officiate in any post or office save as provided in section 9, be entitled to be considered for promotion to the next higher post or office unless he is declared to have satisfactorily completed his officiation

S.4 Promotions, etc., of allottees

(1) Where the seniority of an allottee as specified in the provisional Inter-State seniority list in any class of post or office has been altered in the final seniority list relating to that class, every promotion made on any date after the first day of November 1956, on the basis of seniority-cum-merit, shall be reviewed with reference to the qualifications and other conditions laid down in the rules of recruitment applicable at the relevant time for such promotion and the ranking in the final seniority list assigned to the allottees in that class of post or office. If any person senior in rank than the person promoted is held to be suitable for promotion on such date (hereinafter in this section referred to as the date of eligibility), an order shall, subject to section 9, be made promoting the said person to officiate in the said post or office with effect from a prospective date to be specified in the order.

(2) As soon as may be, after the person promoted under sub-sect