Karnataka State Civil Services (Regulation of Promotion, Pay and Pension) Act, 1973

No: 11 Dated: Apr, 11 1974

Karnataka State Civil Services (Regulation of Promotion, Pay and Pension) Act, 1973

(As amended by Karnataka Acts 40 of 1976 and 25 of 1982)

An Act to provide for the prospective promotions of civil servants and to regulate the pay, seniority, pension and other conditions of service of civil servants in the State of Karnataka including those that are allotted or deemed to be allotted to serve in connection with the affairs of the State of Karnataka under or in pursuance of section 115 of the States Reorganisation Act, 1956;

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 of the finances of the State, besides involving retrospective reversions rendering invalid the statutory functions discharged by the persons reverted ;

AND whereas retrospective promotions preclude the determination of the suitability of the civil servants to hold the promotional posts or offices and will enable them to continue in such posts or offices only on the ground of their eligibility to promotions, resulting in the continuance of even unsuitable civil servants in promotional posts or offices to the detriment of public interest ;

AND whereas it is necessary and expedient to provide against the said consequences;

AND whereas the Central Government has given previous approval under the proviso to sub-section (7) of section 115 of the States Reorganisation Act, 1956 (Central Act 37 of 1956) communicated in letter No. 5/5/73 - SR (S) dated 22nd February, 1973 of the Government of India, Cabinet Secretariat, Department of Personnel and Administrative Reforms ;

Be it enacted by the Karnataka Legislature in the Twenty-fourth Year of the Republic of India as follows:-

1. Short title and Commencement .- (1) This Act may be called the Karnataka 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.