Law: Civil Servants Act, 1973

Section: LXXI,9

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

Section: 7,7A

Law: Service Tribunals Act, 1973

Section: LXX,5

(a)    Civil Servants (Appointment, Promotion and Transfer) Rules, 1973-------Rr. 7 & 7-A---Civil Servants Act (LXXI of 1973), S. 9---Service Tribunals Act (LXX of 1973), S. 5---Ante-dated promotion---Proforma promotion---Federal Service Tribunal, jurisdiction of---Whether the Tribunal was competent and vested with jurisdiction to declare the respondent (retired civil servant) 'qualified' for promotion when others were promoted and then simultaneously direct the competent authority to consider him for proforma promotion---Held, that it is implicit from the scheme provided under the Civil Servants Act, 1973 ('Act of 1973') read with the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 ('Rules of 1973') that promotion to a higher post is confined to a civil servant who has not retired or superannuated after attaining the age of superannuation--Said scheme does not contemplate for a civil servant to be considered for promotion after retirement or having attained the age of superannuation---Civil servant who has retired after attaining the age of superannuation cannot claim to be considered for promotion to a higher post---Question of evaluating the fitness or suitability for promotion has always been within the exclusive jurisdiction of the competent authority and it is not shared by the Service Tribunal or a Court exercising supervisory jurisdiction in respect of eligibility and qualification---Tribunal is, therefore, not competent nor vested to alter, vary or in any manner modify the scheme of promotion to a higher post explicitly prescribed under the Act of 1973 and the Rules of 1973---In the present case the Tribunal had transgressed its jurisdiction by declaring the respondent (retired civil servant) to be 'qualified' for promotion from the date others were promoted---Tribunal also fell in error by preempting the process required to be adopted by the designated forum for determining the eligibility and entitlement of the respondent for the purposes of proforma promotion---Petition was converted into an appeal and was partly allowed.(b)    Civil service-------Promotion---Not a vested right---Promotion…