Summary of Key Points from the Case 2022 S C M R 448:
(a) Acting Charge Appointment:
- Rule 8-B of the Civil Servants (Appointment, Promotion, and Transfer) Rules, 1973
- Acting charge appointments are temporary and do not amount to regular promotions.
- Such appointments do not confer seniority or vested rights for regular promotion.
(b) Eligibility and Fitness for Promotion:
- Promotion criteria involve more than eligibility; the primary criterion is fitness.
- Fitness is evaluated based on service records, including ACRs, qualifications, length of service, integrity, knowledge, and proficiency.
- Eligibility is an objective criterion, but fitness is subjective and determined by the competent authority.
(c) Distinction Between Eligibility and Fitness:
- Eligibility pertains to qualifications needed for appointment or promotion.
- Fitness involves the competence and suitability of the candidate, determined by the relevant authorities.
(d) Seniority and Ad-Hoc Employees:
- Rule 19 of the Civil Servants Rules
- Seniority is determined from the date of regular appointment, not ad-hoc service.
- Ad-hoc employees’ seniority is counted from their regularization and cannot surpass regularly appointed employees.
(e) Retrospective Seniority:
- Seniority cannot be granted retrospectively unless legally established.
(f) Ad-Hoc Appointments and Regular Appointments:
- Ad-hoc appointments are temporary and do not grant rights to regular appointments.
- If an ad-hoc employee is qualified, they should be considered for regular appointments through selection.
(g) Antedated Promotion:
- If the Departmental Promotion Committee (DPC) meeting is delayed, the competent authority may grant antedated promotions to avoid prejudice.
- Eligibility and fitness must be considered during the DPC.
(h) Doctrine of Merger:
- When an appeal or revision is decided by a superior court, the decision of the lower court merges with the superior court's decision.
- This doctrine applies only when the appellate forum has the authority to affirm, modify, or reverse the lower court's decision.
(i) Judgment in Rem:
- Decisions by the Tribunal or Supreme Court on service terms can apply to all civil servants, not just those who litigated.
- This principle promotes justice and good governance.
(j) Cause of Action:
- Cause of action refers to the circumstances that give rise to a legal claim.
- Courts require a valid cause of action to hear a case, based on real grievances rather than presumptions or sentiments.
- Right to sue must be triggered by an actual wrongdoing.
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