VidhiSangh

Supreme Court of India · 21/01/2019

RAJASTHAN STATE SPORTS COUNCIL & ANR. versus SMT. UMA DADHICH & ANR.

[2019] 1 S.C.R. 585 · 2019 INSC 62

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Summary

The High Court directed reconsideration of promotion to Sports Officer against earlier vacancies under the former seniority criterion. The Court held that the employee had no vested right to promotion under the rules prevailing when the vacancy arose, but a right to consideration under the rules applicable when promotion was taken up. The year-wise vacancy provision did not require the old rules to govern. Any promotion independently obtained in the regular course was protected from the effect of this decision.

Issues

  1. Whether earlier vacancies had to be filled under the promotion criterion prevailing when they arose rather than the rules at consideration.
  2. Whether Rule 9(4) required the use of earlier rules.

Provisions considered

Held

Result

Appeal allowed and Division Bench judgment set aside, with any regular-course intervening promotion unaffected on its merits. No order as to costs.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 585.