Law:

Section:

(a) Service Tribunals Act (LXX of 1973)- -- S. 4 (1) (a)-Exhausting departmental remedy-Representation to next higher authority-Representation by aggrieved civil servant to same authority which passed impugned order or to some other authority other than one to whom it should have been made-Said authority bound to forward such representation to correct authority-Failure on part of aggrieved civil servant to send his representation to correct authority-Shall not debar him from approaching Tribunal. (b) Service Tribunals Act (LXX of 1973)- -- S. 4-Appeal before Tribunal--Limitation-In response of departmental representation appellant informed "since the case has gone to the Service Tribunal we will wait for their decision"-Such order, held, could be interpreted either as a rejection of representation or as an order postponing a decision-Advantage, in circumstances, held, must go to appellant and such order be treated as postponement of decision-No decision having been communicated within 90 days appeal already filed, in circumstances, held, matured after expiry of 90 days from date of representation. (c) Civil service- -- Passing of test entitling special pay-Effect of termination due to retrenchment and subsequent re-appointment as fresh entrant on such passing of a test-Lower Division Clerk entitled under rules to benefit of two advance increments on passing typing test-Test passed in 1960 and benefit enjoyed-Services terminated due to retrench­ment in 1974-Re-appointed as fresh entrant in 1980-Claiming benefit of two advance increments on basis of test passed in 1960­Held [Per A.O. Raziur Rahman (Member): Prerequisite of passing test laid down to ensure admissibility of advance increments only to those knowing typing of a certain minimum standard ; passing of requisite test earlier would suffice for purposes of entitling the benefit even on fresh appointment-[Per Brig. Abdur Rashid, Member and endorsed by Chairman] : Anything happening before discharge of official in 1974 would be a closed chapter and any allusion thereto not relevant ; Having passed requisite test 20 years ago would be quite irrelevant on fresh appointment and benefit could not be claimed…

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