Amendment status not verified — confirm the current text below against the official source.
Amendment of Karnataka Act 11 of 974. Summary of Amendments * * * * STATEMENTS OF OBJECTS AND REASONS I Act 40 of 1976.- The question of the validity of the prescriptions of departmental examinations and also the validity of the promotions of Government servants on the basis of their having passed the said examinations have come up before courts. The decisions have been conflicting. While in one set of cases the prescription of the examinations have been upheld, a contrary view has been taken in other cases on the ground that prior approval of the Central Government under section 115 (7) of the States Re-organisation Act had not been obtained. In a number of cases courts have also directed retrospective promotions and payment of arrears on the basis that no examination had been validly prescribed. The Supreme Court has held in Ajit Singh Vs. State of Punjab reported in All India Reporter, 1967, Supreme Court 856 and in Income-Tax Officer, Alleppy Vs. N.C. Ponnoose, reported in All India Reporter, 1970, Supreme Court 385 that appointments of civil servants to offices in which statutory functions are exercisable cannot be made with retrospective effect. (In view of these decisions, promotion of officials with retrospective effect) to posts where discharge of statutory functions is involved may lead to legal complications, besides involving payment of large sums of money as arrears of pay and allowances to persons who have not discharged the duties of the promotional posts. Therefore in order to set the contraversy at rest and to provide against the consequences indicated above, it is proposed- (i) to declared that no service examinations had been validly prescribed prior to 10th January 1974 i.e. the date on which the Karnataka Civil Services (Service and Kannada Language Examinations ) Rules, 1974 were issued, after obtaining the previous approval of the Central Government under section 115 (7) of the States Reorganisation Act; 2 (ii) to provide for review of all the promotions made up to that date; (iii) to provide for prospective promotions only; (iv) to provide for non-payment of arrears in view of the huge financial burden to the State exchequer. Hence this Bill. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 15-4-1976 as NO. 2042 at page 6-7.) II Amending Act 25 of 1982.- The Karnataka State Civil Services (Regulation of Promotion, Pay and Pension) Act, 1973 (Act 11 of 1973) was passed in the year 1974 providing for regulation of promotion, pay and pension and other conditions of service of civil servants including those who were allotted or are deemed to have been allotted to serve in connection with the affairs of the new State under section 115 of the States Re- organisation Act, 1956.