Law:

Section:

(a) Service Tribunals Act (LXX of 1973)--- ---- S. 4 (1) (a)-Maintainability of appeal before Tribunal -Appellant-must exhaust departmental remedy (including appeal necessary)-Determinative order to be passed by President where appeal addressed to him -Tribunal created with express purpose of providing speedy, cheap and substantive justice to aggrieved civil servants-Tribunal feeling that appeal to President would yield no result beyond impugned order passed by Secretary Establishment Division in view of similar other cases-Objection against maintainability of appeal due to not making appeal to President, in circumstances, ignored. Appeal No. K-106/79 (unreported) ref. Appeal Nor 17(R)/ 1976 (unreported) ref. (b) Service Tribunals Act (LXX of 1973)- -- S. 4-Appeal pertaining to seniority matter-Only first seniority list to be treated as provisional-All subsequent seniority lists would always be treated as final--Appeal maintainable against such list treating same as final. (c) Civil service- -- Seniority-Cannot precede date of joining-Contention that posts against which appointment through direct recruitment made were available in direct recruitment quota on date much before appointment and actual appointment was delayed hence seniority be reckoned retrospectively with reference to date of availability of post-Rejected. (d) Civil service- - Rules-Cannot be modified by office memo.--Central Secretariat -Service (Class I) Rules, 1965 providing ratio of direct recruitment and promotion as 80 : 20-Establishment Division O.M. dated 27th January, 1975 dealing with initial composition of Office Management Group not ever assented to by the President or any person authorised by him in this behalf, held, cannot assume air of superiority vie-a-vie provisions of rules-Ratio of direct recruits and promotees stated in O.M. as 2/3rd for direct recruits and 1/3rd for promotees, held, could not override ratio of 80 : 20 prescribed in rules-Promotees over and above quota of 20 per cent., held, could be treated as ad hoc appointees and not regular appointees-Central Secretariat Service (Class 1) Rules, 1965 read with Civil Servants Act (LXXI of 1973), S. 25. (e) Central…

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