Keyword(s):
Service Examinations, Government Servant
Act 40 of 1976.- The question of the validity of the prescriptions of departmental
examinations and also the validity of the promotions of Government servants on the
basis of their having passed the said examinations have come up before courts. The
decisions have been conflicting. While in one set of cases the prescription of the
examinations have been upheld, a contrary view has been taken in other cases on the
ground that prior approval of the Central Government under section 115 (7) of the States
Re-organisation Act had not been obtained.
In a number of cases courts have also directed retrospective promotions and
payment of arrears on the basis that no examination had been validly prescribed.
The Supreme Court has held 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 that appointments of
civil servants to offices in which statutory functions are exercisable cannot be made with
retrospective effect. (In view of these decisions, promotion of officials with retrospective
effect) to posts where discharge of statutory functions is involved may lead to legal
complications, besides involving payment of large sums of money as arrears of pay and
allowances to persons who have not discharged the duties of the promotional posts.
Therefore in order to set the contraversy at rest and to provide against the
consequences indicated above, it is proposed-
(i) to declared that no service examinations had been validly prescribed prior to 10th
January 1974 i.e. the date on which the Karnataka Civil Services (Service and Kannada
Language Examinations ) Rules, 1974 were issued, after obtaining the previous
approval of the Central Government under section 115 (7) of the States Reorganisation
Act;2
(ii) to provide for review of all the promotions made up to that date;
(iii) to provide for prospective promotions only;
(iv) to provide for non-payment of arrears in view of the huge financial burden to the
State exchequer.
Hence this Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 15-4-1976 as
NO. 2042 at page 6-7.)
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