Amendment status not verified — confirm the current text below against the official source.
Savings. * * * * STATEMENT OF OBJECTS AND REASONS I Act 11 of 1974 .- For reasons beyond control the finalisation of Inter-State Seniority Lists was unavoidably delayed. Information had to be collected from several offices and parent States clarification had to be obtained, documents and records had to be obtained, etc. In addition there were court proceedings results of which had to be awaited. In the meantime, in the exigencies of public service, promotions were being made on the basis of the provisional Inter-State Seniority Lists. These promotions are to be reviewed in the light of the changes made in the final inter- State seniority lists which have now been published in almost all departments. Demand for the same had been made and in a good number of cases courts have been approached. Directions have been given by courts to consider the case for retrospective promotions and to give consequential monetary benefits also. In some cases similar relief in more than one promotion has also been granted. In all these cases some other persons would have discharged the duties of those promotional posts having been promoted on the basis of the provisional lists and would have been paid the pay and allowances attached to the said posts Restrospective promotions as per court directions may result in double payments - one set already paid and another set to the person now promoted. In other words two persons would be paid for discharging duties of one and the same post. All this involves very heavy financial burden on the State. Besides it is well settled by several decisions that it is not legally permissible to appoint persons restrospectively to statutory posts. Retrospective promotions inevitably result in retrospective reversions and thereby render ineffective statutory functions discharged by the persons so reverted leading to complications. It is necessary to regulate all these matters. Hence Government issued the Mysore State Civil Services (Allottees) (Special) Rules, 1971 providing for review and prospective promotions. It was expected that the said rules would 2 resolve the difficulties pointed out above. But when the said rules were pleaded the High Court in some cases directed that retrospective promotions and consequential financial benefits should be given. The view taken, apparently, is that the said rules do not prohibit making retrospective promotions and giving consequential monetary benefits. The State Government has filed appeals against some of these judgements to the Supreme Court but in cases where the court has fixed specified dates for implementing the directions contempt applications have been filed against the State. Unless the effect of the said judgements is taken away by suitable legislation Government will have to pay huge sums of money on the basis of retrospective promotions for work not done. It is felt not legally possible to overcome the court decisions by making rules under the proviso to article 309 of the Constitution. Uniform provisions in the case of Civil servants other than allottees is necessary to avoid discrimination. Hence the Bill. Necessary approval of the Central Government in terms of the proviso to sub-section (7) of section 115 of the States Re-organisation Act, 1956 has been obtained. (Published in the Karnataka Gazette Part IV-2A (Extraordinary) No. 263, dated 15-3-1973 at page 12-13.) II Amending Act 40 of 76 .- [By this Act, the Karnataka Service Examinations, Act, 1976 was enacted and therein certain consequential amendment were made to this Act and a new section 9A was inserted.] III 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.