amendment to RR
ami
(Querist) 30 October 2010
This query is : Resolved
Dear Experts .may I request that any one may reply as to whether the following judgement is to quoted in support of the argument that thro’ the recruitment rule to be amended the existing staff can get promotion as per the unamended RR?Please help us.AMI
State of Madhya Pradesh v. Yogendra Shrivastava , (SC)2010 (1) S.C.T. 434 SUPREME COURT OF INDIA
Before :- R.V. Raveendran and B. Sudershan Reddy, JJ.
Civil Appeal No. 3156 of 2007. D/d. 07.10.2009.07.10. 2009
“It is no doubt true that Rules under Article 309 can be made so as to operate with retrospective effect. But it is well settled that rights and benefits which have already been earned or acquired under the existing rules cannot be taken away by amending the rules with retrospective effect. [See : N.C. Singhal v. Director General, Armed Forces Medical Services, 1972(4) SCC 765; K.C. Arora v. State of Haryana, 1984(3) SCC 281; and T.R. Kapoor v. State of Haryana, 1986 Supp. SCC 584. Therefore, it has to be held that while the amendment, even if it is to be considered as otherwise valid, cannot affect the rights and benefits which had accrued to the employees under the unamended rules. “
Devajyoti Barman
(Expert) 30 October 2010
Yes. Only the right to reverse the benefit as existing prior to amendment was taken.
ami
(Querist) 31 October 2010
Thank you Sirs-AMI
Murali Krishna
(Expert) 31 October 2010
I am afraid to differ with others.
Recruitment rules are different from rules of promotion. Law is clear as to any person who acquired a right, such right cannot be taken away by way of retrospective amendment. (see C.Rangadhamaiah's case). If your clients acquired any right, then retrospectivity of rules may not apply, this is again subject to service conditions.
ami
(Querist) 31 October 2010
Dear Murali ji may i request you to still more clear our doubt with much more clarity as we are in a state of tension and anguish.Please will you send C.ranga's judgement as you referred .-AMI
