Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-- ---S.4--Secretariat Instructions, 1971, Appendix E, para. 55--Hospital Complex established and owned by Government, proposed to be given status of autonomous body by Health Division's Resolution--Employees of such Complex whether ceased to be civil servants, outside the pale of Service Tribunal--Word "Resolution", meaning and scope--Word "resolution", as per para. 55 of Appendix E of Secretariat Instructions, is a form of communication used for making public, Government decision on important matters of policy, appointments of Committees or commissions of enquiry and of results of review of important reports of such bodies--By resolution of Health Ministry itself a medical Complex established and owned by Government, held, could not be established as an autonomous body--Such resolution could not make an institution established and owned by Government a body corporate/ juristic person distinct or independent from Government control and could not deprive of its employees of their status as civil servants--Employees of medical complex in spite of resolution of Health Division would be deemed to be holding civil posts and were thus civil servants--Service Tribunal would be competent to hear appeal of such civil servants. (b) Service Tribunals Act (LXX of 1973)- ---S.4--Civil servant's claim to higher post based on promotion-­Jurisdiction of Service Tribunal not barred--Where appeal of civil servant related to his right of promotion and not related to fitness of respondent to post claimed, such appeal, held, was not barred under S.4(1)(b) of Service Tribunals Act, 1973. (c) Civil Servants Act (LXXI of 1973)-- ---S.9--Service Tribunals Act (LXX of 1973), S.4--Establishment Division's O.M. No.54/13/51-MEl, dated 10-3-1952--Promotion to higher post--Requirements--Civil servant, held, could claim promotion to post only, if same was reserved for departmental promotion and such civil servant was eligible for promotion under the rules--Establishment Division O.M. was issued to regulate recruitment of Superintendents to Secretariat Division only, and would be of no avail to civil servants who were claiming promotion to a post outside…

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