VidhiSangh

Supreme Court of India · 20/05/2022

STATE OF HIMACHAL PRADESH & ORS. versus RAJ KUMAR & ORS.

[2022] 15 S.C.R. 847 · 2022 INSC 605

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Summary

Seven additional posts of Labour Officer were sanctioned in Himachal Pradesh in July 2006, when the 1966 Rules provided for filling the post only by promotion; in November 2006 new Rules introduced direct recruitment for 25% of the posts, and three officers were appointed through the Public Service Commission. Labour Inspectors in the feeder cadre contended that vacancies arising before the amendment had to be filled under the old Rules, and the High Court agreed on the authority of Y.V. Rangaiah v. J. Sreenivasa Rao. The Supreme Court allowed the State's and the direct recruits' appeals and overruled Rangaiah.

Issues

  1. Whether vacancies in public posts that arose before an amendment of the recruitment rules must be filled under the unamended rules, as stated in Y.V. Rangaiah v. J. Sreenivasa Rao, or under the rules in force when the vacancies are considered for filling.
  2. Whether a government employee has any vested right, outside the rules governing the service, to be considered for promotion against vacancies under repealed rules, and whether the State may consciously decide to fill such vacancies under amended rules as part of cadre restructuring.

Provisions considered

Held

Result

Appeals allowed; the Himachal Pradesh High Court's judgment of 28.12.2009 in CWP No. 3028 of 2008 directing that vacancies be filled under the 1966 Rules set aside, the appointments of the three direct recruits upheld, and the proposition in Y.V. Rangaiah v. J. Sreenivasa Rao that pre-amendment vacancies are governed by the old rules overruled. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 15 S.C.R. 847.