Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973

Section: 8-B,19

(a) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ----R. 8-B--- Acting charge appointment--- Scope---Acting charge appointment does not amount to an appointment by promotion on regular basis for any purpose including seniority, and also does not confer any vested right for regular promotion to the post held on acting charge basis. (b) Civil service--- ----Promotion---’Eligibility’ and ‘fitness’---Factors to be considered---Eligibility itself is not the benchmark for promotion, rather the most vital yardstick is fitness, which can be judged from the service record which includes ACRs, qualification, length of service in a particular grade/scale, integrity, knowledge and proficiency in the work/ assignments, all of which are essential dynamics for weighing and appraising the merits for promotion to the selection post which is quite common procedure and practice articulated under the law for considering the promotions on merit. (c) Civil service--- ----Promotion---Eligibility and fitness---Distinction---Question of eligibility is different from the question of fitness---Concept of eligibility implies a qualification to be appointed or promoted, whereas that of fitness encompasses a person’s competence to be chosen or selected for appointment or promotion---Question whether a person is legally qualified for appointment or promotion to a particular post and grade is relatable to the factum whether he possesses the requisite qualifications for consideration, whereas the question of fitness pertains to the competency of the person concerned, which is to be decided by the competent authority---Question of fitness for being appointed is to be determined by the functionaries mentioned therein---Person may be eligible for consideration for a particular post, but may not be fit to be appointed---Tests for eligibility are objective and open to scrutiny by a judicial forum---However, even in the matters involving fitness to be appointed or promoted to a particular post or grade there has to be necessary material on the basis of which an opinion, one way or the other, is to be formed. Muhammad Anis and others v. Abdul Haseeb and others PLD 1994 SC 539…

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