The KARNATAKA STATE CIVIL SERVICES (REGULATION OF PROMOTION, PAY AND PENSION) ACT, 1973

 1
THE KARNATAKA STATE CIVIL SERVICES (REGULATION OF PROMOTION, PAY AND 
PENSION) ACT, 1973 
ARRANGEMENT OF SECTIONS 
Statement of Objects and Reasons: 
Sections: 
 1. Short Title and Commencement. 
 2. Definitions. 
 3. Promotions, etc., of Civil Servants. 
 4. Promotion, etc., of allottees. 
 5. Provision relating to reversion of allottees. 
 6. Provision relating to revision of pensions, etc. 
 7. Provision relating to payments to heirs of deceased allottees. 
 8. Sections not applicable to certain allottees. 
 9. Officiation. 
 9A. Rules. 
 10. Removal of difficulties. 
 11. Over-riding effect. 
 12. Repeal. 
 13. 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 collec ted 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 in effective statutory func tions discharged by the 
persons so reverted leading to complications.  It is necessary to regulate all these matters.  
Hence Government issued the Mysore State Civ il 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, appar ently, 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 co ntempt 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 c ourt decisions by making rules under the proviso to 
article 309 of the Constitution. 
 Uniform provisions in the case of Civil serv ants 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 Servic es (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 ot her 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. 
 2. The promotions made from 1-11-1956 were to be reviewed under section 4 (1) of the Act 
on the basis of the Final I.S.S Lists published in accordance with the decisions of the Government 
of India.  While so reviewing the promotions it was noticed that some officers who were promoted 
earlier on the basis of their positions in the provis ional I.S.S Lists were eligible for promotion on 
dates later than the dates of their actual promot ion.  This would mean that the earlier promotion 
was fortuitous and the pay was therefore required to  be revised.  There was no provision in the 
Act for regulation of pay in such cases.  It was considered necessary to make a provision in the 
Act providing for refixation of pay in respect of such officers on the dates of eligibility. 
 3. Besides, there is an anomaly in the Ka rnataka Service Examinations Act, 1976.  Section 
8(2) of the said Act amends section 3 of the Karnataka State Civil Services (Regulation of 
Promotion, Pay and Pension) Act, 1973.  The 1976 Act came into force with effect from 1-11-
1956 while section 3 of the 1973 Act  came  into  force  with effect from    11-4-1974.  The 
amending provision cannot come into force from a date anterior to the date on which the original 
provision came into force.  To remove this  anomaly Section 8 of the Karnataka Service 
Examinations Act, 1976 is sought to be amended suitably. 
 4. Hence this Bill. 
  (Published in the Karnataka Gazette Part IV-2A (Extraordinary) No. 223, dated 31-3-1981 
page 4.) 
* * * * 
 3
1[KARNATAKA]1 ACT No. 11 OF 1974 
(First Published in the Karnataka Gazette Extraordinary on the Eleventh day of April, 
1974) 
THE 1[KARNATAKA]1 STATE CIVIL SERVICES (REGULATION OF PROMOTION, 
PAY AND PENSION) ACT, 1973 
(Received the assent of the Governor on the Eleventh day of April, 1974) 
(As amended by Karnataka Acts 40 of 1976 and 25 of 1982) 
 An Act to provide for the prospective promotions of civil servants and to regulate the 
pay, seniority, pension and other conditions of service of civil servants in the State of 
1[Karnataka]1  including those that are allotted or deemed to be allotted to serve in 
connection with the affairs of the State of 1[Karnataka]1 under or in pursuance of section 
115 of the States Reorganisation Act, 1956; 
   1. Substituted by Act 40 of 1976 and by Act 25 of 1982 w.e.f. 11.4.1974.  
 W HEREAS on the basis of the ranking of civil servants in the several inter-state 
seniority lists prepared in pursuance of sub-section (5) of section 115 of the States 
Reorganisation Act, 1956 (Central Act 37 of 1956), courts have directed the making of 
retrospective promotions to statutory and other offices; 
 A ND  whereas as held by the Supreme Court 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 
appointments of civil servants to offices in which statutory functions are exercisable 
cannot be made with retrospective effect; 
 A ND whereas retrospective promotions involv e payment of large sums of money to 
persons who have not worked in the promotional posts or offices concerned, to the 
detriment of the finances of the State, besides involving retrospective reversions 
rendering invalid the statutory functions discharged by the persons reverted ; 
 A ND whereas retrospective promotions preclude the determination of the suitability of 
the civil servants to hold the promotional posts or offices and will enable them to 
continue in such posts or offices only on the ground of their eligibility to promotions, 
resulting in the continuance of even unsuit able civil servants in promotional posts or 
offices to the detriment of public interest ; 
 A ND whereas it is necessary and expedient to provide against the said 
consequences; 
 A ND whereas the Central Government has given previous approval under the proviso 
to sub-section (7) of section 115 of the States Reorganisation Act, 1956 (Central Act 37 
of 1956) communicated in letter No. 5/5/73 - SR (S)  dated 22nd February, 1973 of the 
Government of India, Cabinet Secretariat, Department of Personnel and Administrative 
Reforms ; 
 Be it enacted by the 1[Karnataka]1 Legislature in the Twenty-fourth Year of the 
Republic of India as follows:- 
   1. Substituted by Act 40 of 1976 and by Act 25 of 1982 w.e.f. 11.4.1974.  
 1. Short title and Commencement .-  (1) This Act may be called the 1[Karnataka]1 
State Civil Services (Regulation of Promotion, Pay and Pension) Act 1973. 
   1. Substituted by Act 40 of 1976 and by Act 25 of 1982 w.e.f. 11.4.1974.  
 4
 (2) This section and sections 2,4,5,6,7,8,9,10 and section 12 shall be deemed to 
have come into force on the first day of November, 1956 and the remaining sections 
shall come into force at once. 
 2. Definitions  .- In this Act unless the context otherwise requires, - 
 (a) ‘allottee’ means a Government serv ant allotted or deemed to have been allotted 
to serve in connection with the affairs of the State of 1[Karnataka]1 under or in pursuance 
of section 115 of the States Reorganisation Act 1956 (Central Act  37 of 1956); 
   1. Substituted by Act 40 of 1976 and by Act 25 of 1982 w.e.f. 11.4.1974.  
 (b) ‘civil servant’ means a person who is a member of civil service of the State of 
1[Karnataka]1 or who holds a civil post under the State of 2[Karnataka]2 and includes an 
allottee; 
   1. Substituted by Act 40 of 1976 and by Act 25 of 1982 w.e.f. 11.4.1974.  
 (c) ‘final seniority list’ means an inter-State seniority list of allottees prepared in 
accordance with the decisions of Central Government under the provisions of sub-
section (5) of section 115 of the States Reorganisation Act 1956 (Central Act 37 of 
1956); 
 (d) ‘Inter-State seniority list’ means an inter-State seniority list prepared from time to 
time, on the basis of the seniority in which the eligibility of an allottee to promotion to 
higher post or posts is considered. 
 (e) ‘rules of recruitment’ means the rules of recruitment made in respect of 
recruitment to any service, post, office or class of posts or offices. 
 3. Promotions, etc., of civil servants .- (1) No civil servant shall,- 
  1 [(a) be entitled to promotion to any post or office with effect from a retrospective 
date, except and to the extent specified in the rules made under this Act.]1 
   1. Substituted by Act 40 of 1976 and by Act 25 of 1982 w.e.f. 11.4.1974.    
  (b) only on the ground of his seniority in a seniority list, be promoted to any post 
or office unless the authority competent to promote determines his eligibility and 
promotes him by a written order to officiate in such post or office; and no such civil 
servant shall, save as provided in section 9, be entitled to continue in such promoted 
post or office unless the said authority assesses the work of such civil servant in such 
post or office and declares by a written order that he had satisfactorily completed his 
officiation ; 
  (c) when promoted to officiate in any post or office save as provided in section 
9, be entitled to be considered for promotion to the next higher post or office unless he is 
declared to have satisfactorily completed his officiation in the first promoted post or 
office. 
 (2) In matters not specified in sub-section (1), the provisions contained in sections 
4,5,6,7 and 8 shall mutatis mutandis, be applicable. 
 4. Promotions, etc., of allottees  .- (1) Where the seniority of an allottee as 
specified in the provisional Inter-State seniority list in any class of post or office has been 
altered in the final seniority list relating to that class, every promotion made on any date 
after the first day of November 1956, on the basis of seniority-cum-merit, shall be 
reviewed with reference to the qualifications and other conditions  laid down in the rules 
 5
of recruitment applicable at the relevant time for such promotion and the ranking in the 
final seniority list assigned to the allottees in that class of post or office.  If any person 
senior in rank than the person promoted is held to be suitable for promotion on such 
date (hereinafter in this section referred to as the date of eligibility), an order shall, 
subject to section 9, be made promoting the said person to officiate in the said post or 
office with effect from a prospective date to be specified in the order. 
 (2) As soon as may be, after the person promoted under sub-section (1) is declared 
to have satisfactorily completed the period of officiation in the promoted post or office an 
order shall, subject to section 9, be made directing that he shall be entitled to initial pay 
on the date of actual promotion to the post or office as if he was holding the said post or 
office from the date of eligibility and drawn the pay  and allowances accordingly, but 
such person shall not be entitled to payment of any arrears for the period prior to the 
date of his actual promotion.  His rank in the seniority list of persons in the class or grade 
of service to which he is promoted shall be fixed as if he had been promoted to that 
class or grade of service on the date of eligibility. 
 (3) Where consequent upon the review of promotions made under sub-section (1), it 
is found that an allottee, who, before coming into force of sections 3, 11 and 13 had 
been promoted to a higher class or grade of service found eligible for promotion to that 
higher class or grade of service from a date prior to the date of actual promotion and 
subject to section 9, is declared to have satisfactorily completed the period of officiation 
in the promoted post or office, an order shall be made directing that he shall be entitled 
to initial pay on the date of actual promotion to the post or office as if he was holding the 
said post or office from the date on which he is found eligible for promotion and drawn 
the pay and allowances accordingly, but he shall not be entitled to payment of any 
arrears for the period prior to the date of the actual promotion.  
1[ Where, on such review 
he is found eligible for promotion to a higher class or grade of service from a date 
subsequent to the date of his actual promotion to such class or grade of service, his pay 
on the date of eligibility shall be refixed as if he had been promoted on such date but he 
shall not be liable to refund the excess pay and allowances drawn by him up to the date 
of issue of the order fixing the date of eligibility.] 1   His rank in the seniority list of persons 
in the class or grade of service to which he is promoted  shall be fixed as if he had been 
promoted to that class or grade of service on the date on which he is found eligible for 
promotion. 
   1. Inserted by Act 25 of 1982  w.e.f. 1.11.1956.  
 (4) Where an order is made in respect of any allottee under sub-section (2) or as the 
case may be, under sub-section (3), and the ranking in the seniority list of persons in the 
promoted class or grade of service, as  fixed by such order, stands revised, the 
promotions made from that class or grade of service to the next higher class or grade of 
service shall be reviewed in accordance with and subject to the provisions of sub-section 
(1) as if reference therein to the final seniority list were references to the aforesaid 
revised seniority list  and the provisions of sub-section (2) shall, mutatis mutandis , be 
applicable to every promotion so made. 
 (5) The provisions of sub-section (4) shall, mutatis mutandis, be applicable in respect 
of promotions of allottees to the next higher classes or grades of the same service. 
 6
 (6) The provisions of sub-section (3) shall, mutatis mutandis, be applicable in respect 
of review of promotions of allottees made under sub-sections (4) and (5). 
 (7) Where in respect of promotions on the basis of seniority-cum-merit from any class 
or grade of service to the next higher class or  grade of service, the rules of recruitment 
require service for a minimum period in the former class or grade to become eligible for 
promotion, the said period shall in its application to an allottee eligible for promotion 
under this section, be deemed to be the period during which he satisfactorily completes 
the period of officiation in the post or office of that class or grade of service and no such 
minimum service shall be necessary in the case of an allottee whose record of service 
was satisfactory on the relevant dates of elig ibility or the relevant dates on which he is 
found eligible for promotion. 
 (8) In respect of promotions from any class or grade of service by selection to the 
next higher class or grade of service, w here an allottee would have been eligible for 
consideration if he had been promoted to the former class or grade of service on the 
basis of his seniority in the final seniority list, such allottee, shall, subject to section 9, be 
considered for selection to the next higher class or grade of service, immediately after he 
satisfactorily completes the period of officiation in the said former class or grade of 
service.  If he is selected and promoted to the higher class or grade of service and 
satisfactorily completes his period of officiation in the said class or grade, he shall be 
entitled to initial pay on the date of actual promotion to the said class or grade as if he 
was holding the said post or office from the date on which his immediate junior in the 
lower class or grade was promoted to the said class or grade of service, but he shall not 
be entitled to payment of any arrears for the period prior to the date of his actual 
promotion.  His rank in the seniority list of the persons in the said class or grade shall be 
fixed as if he had been promoted on the date immediately preceding the date on which 
his immediate junior in the lower class or grade was promoted to the selection class or 
grade of service. 
 (9) An order under sub-section (2) in respect of an allottee who had been reduced to 
a lower stage in a time scale and whose increment had been withheld shall be subject to 
such  modification as the State Government may, by order direct. 
 (10) No promotions of allottees made on the basis of any provisional inter-State 
seniority list shall be reviewed except after the publication of the final seniority list and in 
the manner provided in this section. 
 Explanation .- For purposes of this sub-section provisional inter-State seniority list 
includes every inter-State seniority list used as the basis for carrying on the day-to-day 
administration whether prepared by the State Government or declared by court as 
operative until the publication of the final seniority list. 
 5. Provision relating to reversion of allottees .- (1)  Where consequent upon the 
review of promotions under section 4 any a llottee promoted to any class of posts or 
offices is found not entitled to continue in that class, he shall be reverted to ,- 
  (a) the class of posts or offices to which he would have been eligible for 
promotion on the basis of his rank in the final seniority list, or 
  (b) the class of posts or offices in which he would have continued on the basis of 
his rank in the final seniority list. 
 7
 (2) Where any reversion is made under clause (a) of sub-section (1), the rank of the 
allottee in the seniority list of that class of posts or offices shall be fixed as if he had been 
promoted to that class of posts or offices on the basis of his rank in the final seniority list. 
 6. Provision relating to revision of pensions, etc .-  Where consequent upon a 
review of promotions under section 4, it is found that any allottee who has retired from 
service before an order under sub-section (1), (3), (4) ,(5),(6) or (8) of section 4, is made, 
or before the expiry of the period of his officiation in the promoted post or office would 
have been eligible for promotion to the next higher class or grade of service under the 
said section if the final seniority list had been published on the first day of November, 
1956, his pension and death-cum-retirement gratuity shall be revised with reference to 
the pay and allowances he would have drawn if he had been promoted to the next 
higher class or grade of service on the date on which he was found eligible for such 
promotion with reference to his rank in the final seniority list and the relevant recruitment 
rules, and as if he had satisfactorily completed the period of officiation in the said class 
or grade of service. 
 7. Provisions relating to payments to heirs of deceased allottees.-  Where 
consequent upon a review of promotions under section 4, it is found that any allottee 
who before an order under sub-section (1), (3), (4), (5), (6) or (8) of section 4 is made, or 
before the expiry of the period of officiation in a promoted post or office has while in 
service or after retirement died, would have been eligible for promotion to the next higher 
class or grade or service on any day under the said section if the final seniority list had 
been published on the first day of November 1956, his pension and death-cum-
retirement gratuity shall be revised, with reference to the pay and allowances he would 
have drawn if he had been promoted to the next higher class or grade of service on the 
date on which he was found eligible for such promotion with reference to his rank in the 
final seniority list and the relevant recruitment rules and as if he had satisfactorily 
completed the period of officiation in the said class or grade of service, and the excess 
amount payable on such revision of pension, and death-cum-retirement gratuity shall be 
paid to the heirs of the said deceased allottee. 
 8. Sections not applicable to certain allottees  .- Provisions of sections 4,5,6 and 
7 in so far as they relate to promotion on the basis of ranking in the final seniority list 
shall not be applicable to an allottee who ,- 
 (a) has been dismissed, removed or compul sorily retired from service as a penalty; 
 (b) has been reduced to a lower service, grade or post or office or whose promotion 
has been withheld as a penalty ; 
 (c) has been retired from service in public interest ; 
 (d) has been held unsuitable for promotion to any post or office or class of posts or 
offices ; or 
 (e) after promotion has been reverted to the lower post or office on the ground of 
unsuitability to hold the higher post or office or class of posts or offices. 
 9. Officiation .- (1) Save as provided in sub-section (2) the rules relating to 
officiation made under the proviso to Article 309 of the Constitution of India shall apply  
for purposes of officiation under this Act. 
 8
 (2) A civil servant shall be deemed to have satisfactorily completed the period of 
officiation in the promoted post or office and may be promoted to one or more higher 
classes or grades of service to which he is found eligible for promotion on the basis of 
his seniority in the seniority list including the final seniority list if his record of service on 
the date or dates on which he is found eligible for such promotion is satisfactory and 
indicates that he is eligible for promotion to the next higher cadre and if he possesses 
the qualifications prescribed in the rules of recruitment applicable at the relevant time for 
such promotion. 
 1 [9A. Rules .- (1) The State Government may make rules to carry out the purposes of 
this Act. 
 (2) Every rule made under this Act shall be laid as soon as may be after it is made 
before each House of the State Legislature while it is in session for a total period of thirty 
days which may be comprised in one session or in two or more successive sessions and 
if before the expiry of the session immediat ely following the session or the successive 
sessions aforesaid both Houses agree in making any modification in the rule or both 
Houses agree that the rule should not be made, the rule shall, from the date on which  
the modification or annulment is notified by the Government in the Official Gazette, have 
effect only in such modified from or be of no effect, as the case may be; so however, that 
any such modification or annulment shall be wi thout prejudice to the validity of anything 
previously done under such rule.]
1 
   1. Inserted by Act 40 of 1976 and by Act 25 of 1982 w.e.f. 11.4.1974.  
 10. Removal of difficulties .-  If any difficulty arises in the application of this Act to 
any case, the State Government may make such orders as may be necessary for the 
purpose of removing the difficulty. 
 11. Over-riding effect  .- (1) The provisions of this Act  or of any order made 
thereunder shall have effect notwithstanding anything inconsistent therewith contained in 
any law or order having the force of law or rules made under the proviso to Article 309 of 
the Constitution of India for the time being in force or any provision regulating the 
conditions of service of any allottee or in any order made  by virtue of any such law, 
rules or provisions. 
 (2) Notwithstanding anything contained in any judgement, decree or order of any 
court or other competent authority the rights  to which a civil servant is entitled to in 
respect of matters to which the provisions of this Act are applicable, shall be determined 
in accordance with the provisions of this Act, and accordingly, any judgement, decree or 
order directing promotion or consideration fo r promotion of civil servants and payment of 
salaries and allowances consequent upon such promotion shall be reviewed and orders 
made in accordance with the provisions of this Act. 
 12. Repeal .- The 1[Karnataka]1 State Civil Services (Allottees) (Special) Rules, 1971 
are hereby repealed. 
   1. Substituted by Act 40 of 1976 and by Act 25 of 1982 w.e.f. 11.4.1974.  
 13. Savings .-  Save as provided in section 11, nothing in this Act shall be deemed to 
affect the operation of the provisions of the Constitution of India in relation to the 
determination of the condition of service of persons serving in connection with the affairs 
of the State of 1[Karnataka]1. 
   1. Substituted by Act 40 of 1976 and by Act 25 of 1982 w.e.f. 11.4.1974.  
 9
THE KARNATAKA STATE CIVI L SERVICES (REGULATION OF  PROMOTION, PAY AND 
PENSION) ACT, 1973 has been amended by the following Acts, namely.- 
 
Amendments (Chronological) 
 
Sl. 
No. 
Act No. and 
Year 
Sections Amended Remarks 
1 11 of 1974 -- Sections 2,4 to 10 and 12 of the Act 
have come into force from 1.11.1956 
and other sections from 11.4.1974. 
2. 40 of 1976 Title, Preamble, 1(1), 
2(a)(b), 3(a), 9A, 12, 13
1.11.1956 
3. 25 of 1982 4(3)  27.7.1982 
 
Amendments (Section-wise) 
 
Sections No and Year of the Act Remarks 
Title, Preamble 40 of 1976 1.11.1956 
1(1) 40 of 1976 1.11.1956 
2(a)(b) 40 of 1976 1.11.1956 
3(a) 40 of 1976 1.11.1956 
4(3) 25 of 1982 27.7.1982 
9A 40 of 1976 1.11.1956 
12 40 of 1976 1.11.1956 
13 40 of 1976 1.11.1956 
 
 

‹ Prev All Karnataka acts Next ›