Law: Civil Servants Act, 1973

Section: 22

Law: Service Tribunals Act (LXX of 1973).

Section: 4

(a) Civil Servants Act (LXXI of 1973)  S. 22Service Tribunals Act (LXX of 1973), S. 4Civil Servants (Appeal) Rules, 1977Circular Letter of Establishment Division No. 1/9/74 D. R. O. dated 1291974 [as modified by Circular Letter No. 1/34/75.D.2 dated 191975] Seniority list  Objections AppealFirst issue of gradation list provisional and to be finalised after inviting and considering objectionsList though not marked as provisional, as required, yet covering letter making such aspect of list (being provisional) abundantly clearRespondent filing objec tion but bringing his claim before Service Tribunal before disposal of his objection and finalisation of listHeld: Right of appeal conferred only against a "final order whether original or appellate"Proviso (a) to sub section (1) of S. 4 of Service Tribunals Act, 1973Has not slightest effect of detracting from finality of order to be appealed against and provides that even a final order be not brought before Service Tribunal if a right of appeal, review, or representation to a departmental authority provided under lawNo final order having ever been passed on respondent's objection nor seniority list having been finalised, respondent's appeal, held, not competent under S. 4 of Service Tribunals Act, 1973.[AppealCivil services]. Link 1 Link 2 Link 3 Link 4 (b) Service Tribunals Act (LXX of 1973) S.4Words and phraseWords "final order"Connotation. [Words and phrases]. A final order has the distinction of determining the rights of the parties. Where any further step is necessary to perfect an order, in this case the disposal of the objections received or finalization of the provisional seniority list, the order cannot be taken to be final. An order may be final, if it determines the rights of the parties, concludes the controversy so far as a particular authority or forum is concerned notwithstanding that such an order may be open to challenge in appeal etc. This aspect of the concept of the finality of an order has been taken care of by adding the words "whether original or appellate" in the enacted law itself. Link Craies on Statute Law, 7th Edn., p. 218; Crawford on Statute…