Law:

Section:

(a) Service Tribunals Act (LXXI of 1973)-- --S.4---Appeal before Service Tribunal--Competency--Limitation--Impugned notification issued on 11-10-1984---Civil servant contested notification by making representation to the department on 7-11-1984 which was rejected on 4-3-1985--­Civil servant could have filed appeal within thirty days of the rejection of his representation viz. upto 3-4-1985 by the latest---Even if civil servant did not receive the letter of rejection of his representation, then the appeal should have been filed within 120 days from 7-11-1984 the date of filing representation--­Appeal having been filed on 9-2-1986 was thus clearly barred by time. (b) Civil Servants Act (LXXI of 1973)-- ---S. 22---Limitation Act (IX of 1908), S. 5---Service Tribunals Act (LXX of 1973), S. 4---Condonation of delay in filing appeal before Service Tribunal---Civil servant had been pursuing his remedy before High Court---Deduction of period spent in pursuing the remedy before High Court could not be allowed because last date for filing appeal before Service Tribunal had already expired when civil servant sought remedy from the High Court---Fresh representation after rejection of earlier representation does not enlarge time limit as S. 22 of the Civil Servants Act envisages only one representation---Appeal filed within 120 days of fresh' filing of representation would, thus, be barred by time. (c) Civil Servants Act (LXXI of 1973)-- ---S. 25(2)---General Clauses Act (X of 1897), S. 21---Alteration of rules of promotion---Competency---Rule-making power available under Civil Servants Act, 1973, also envisages the amendment or repeal of earlier Rules---There being no legal guarantee against the change in existing Rules, it cannot be said that rules of promotion cannot be altered---Provisions of S. 21, General Clauses Act, 1897 are also to the same effect. Central Board of Revenue v. Asad Ahmed Khan P L D 1960 S C 81 ref. (d) Civil service-- ---Appointment---Promotion---Method of appointment includes appointment by promotion. (e) Civil Servants Act (LXX of 1973)-- ---S. 25---Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, R.3(2)---Service Tribunals Act…

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