Law: Civil Servants Act, 1973

Section: 9

Law: Service Tribunals Act, 1973

Section: 4

Civil Servants Act (LXXI of 1973)---   ----S. 9---Service. Tribunals Act (LXX of 1973), S.4---Appeal to Service Tribunal---Promotion, entitlement to---Central Selection Board, after considering case of appellants, had recommended them for promotion to the post of Principal in BS-20---Recommendations of Central Selection Board, though were made prior to retirement of appellants after reaching age of superannuation, but summary for approval of promotion of appellants was sent by the Establishment Division for approval of Prime Minister after delay of 58 days when appellants had retired from service---Effect---Appellants could not be deprived of the benefits of promotion if they had been ignored on account of a default of concerned authorities---Recommendations of the Departmental Promotion Committee or the Central Election Board, were entitled to greatest respect and utmost consideration---Selection Boards and Promotion Committees were in fact the substitutes for and an alternative to Public Service Commission---Sanctity of their recommendations being established, it was incumbent upon the concerned Ministry and Establishment Division to transmit such advice and recommendations with alacrity and dispatch so that the advice was accepted quickly by the competent Authority---If the Prime Minister or the Minister concerned did not agree with the recommendations, he could return the same to the Board or the Committee for further advice and thereafter proceed accordingly---Emphasis, in all that process, would always be upon the promptness of action by all concerned---Promotion was the advancement of an official from a lower to a higher post or grade against a vacancy specially reserved for such advancement under the relevant recruitment rules---Such advancement was the prime goal of an official during service---Where an employee was recommended for promotion and was also approaching superannuation, it was imperative for the concerned Ministry and the Establishment Division to make a specific endorsement upon the relevant summary regarding the impending date of superannuation---Such was necessary to emphasize urgency in the matter for the action of the competent…

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