VidhiSangh

Supreme Court of India · 14/01/2019

UNION OF INDIA & ORS. versus KRISHNA KUMAR & ORS.

[2019] 1 S.C.R. 982 · 2019 INSC 48

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Summary

Following restructuring of Assam Rifles and creation of the intermediate rank of Warrant Officer, Havildars sought promotion directly as Naib Subedars against earlier vacancies. The Supreme Court held that they had no vested right to the former promotional avenue and were to be considered under the rules in force when promotion was considered. It set aside the High Court’s contrary direction.

Issues

  1. Whether vacancies predating restructuring had necessarily to be filled under the earlier promotional rules.
  2. Whether creation of an intermediate promotional rank infringed a vested right of Havildars.

Provisions considered

Held

Result

Principal appeal allowed; High Court judgment set aside. Connected appeals disposed of accordingly. No costs.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 982.