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Union of India v. Krishna Kumar

Civil Appeal · 2019 INSC 48Decided 14 Jan 2019
Civil Appeal No. 672 of 2019
Dr. Justice D.Y. Chandrachud · Justice Hemant Gupta

Background

The respondents had been appointed as Riflemen in the Assam Rifles between 1982 and 1989 and rose to the rank of Havildar, a post from which promotion traditionally led to Naib Subedar. In 2011-12, the Assam Rifles was restructured and a new intermediate rank of Warrant Officer was created; Havildars, including the respondents, were promoted to this new rank instead of directly to Naib Subedar. The respondents challenged this before the Manipur High Court, arguing that vacancies which arose before the 2011-12 restructuring should still be filled under the old rules, i.e., with promotion straight to Naib Subedar. The High Court agreed with them and the Union of India appealed.

Decision Breakdown

The Supreme Court held that there is no absolute or vested right to have a vacancy filled according to the rules in force on the date the vacancy originally arose: the correct principle is that a candidate is entitled to be considered under the rules in force on the date consideration for promotion actually takes place. Since the restructuring and the new Warrant Officer post were validly created before these particular promotions were considered, the High Court was wrong to treat the respondents as having an accrued right to the old promotion path. The Court set aside the High Court's judgment and allowed the Union of India's appeal; two connected appeals arising from the same restructuring issue were disposed of on the same basis.

Lesson Learnt

Government employees do not have a permanent right to promotion rules as they stood when a vacancy first arose; if the rules are validly changed before their case is actually considered, the new rules apply: courts can enforce a right to be considered for promotion, but not a right to demand the older, more favourable promotional avenue.

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

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