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
- Whether vacancies predating restructuring had necessarily to be filled under the earlier promotional rules.
- Whether creation of an intermediate promotional rank infringed a vested right of Havildars.
Provisions considered
- Promotion eligibility provision and Notes 1–2, Assam Rifles Warrant Officer (General Duty) Group C Combatised Posts Recruitment Rules, 2012The rules introduced promotion from Havildar to Warrant Officer; the restructured promotional avenue governed consideration after their enforcement. (¶¶ 3, 14)
Held
- There is no vested right to promotion, but a right to consideration under the rules prevailing on the date of consideration. There is no universal rule requiring earlier vacancies to be filled under earlier rules; decisions involving a prescribed time frame for selection stand on a different footing. (¶¶ 11, 12, 13)
- Creation of the intermediate rank did not confer a right on Havildars to bypass it. The High Court erred in treating their earlier recruitment and the dates of vacancies as creating a vested right to promotion as Naib Subedar. (¶ 14)
- The principal appeal was allowed and the High Court judgment set aside; the connected appeals were disposed of in terms of that judgment. (¶¶ 15, 16, 17, 18, 19)
Result
Principal appeal allowed; High Court judgment set aside. Connected appeals disposed of accordingly. No costs.