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Municipal Corporation of Greater Mumbai v. Anil Shantaram Khoje and Others

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 2918 of 2014)Decided 28 Feb 2014
Civil Appeal No. 2918 of 2014
Justice T.S. Thakur · Justice Vikramajit Sen

Background

Mumbai's municipal corporation revised its rules governing promotions to Deputy Municipal Commissioner and obtained State approval in 2006. Officers disputed the promotion roster before the revised rules were published in the Official Gazette in April 2011. The High Court treated publication as optional and directed promotions under the revised arrangement.

Decision Breakdown

The Supreme Court held that the revised rules became operative only on their required Gazette publication on 28 April 2011. Approval by the State alone did not satisfy the statutory requirement, even though the rules affected a limited class of employees. It allowed the appeals but protected promotions and consequential benefits already granted before publication from adverse alteration. The corporation still had to determine the roster under the operative rules, and affected officers could challenge that exercise.

Lesson Learnt

When legislation requires recruitment rules to be gazetted, an approval letter cannot make them effective earlier. Employees should distinguish between a proposed or approved policy and rules that have legally come into force.

Official source (sci.gov.in)View Judgment (PDF)

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