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Supreme Court of India 2019-01-21 allowed

Rajasthan State Sports Council & Anr vs Uma Dadhich & Anr

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

Respondent no. 1, a Coach Grade-I in the Rajasthan State Sports Council, was not promoted to Sports Officer when vacancies arose in 2003–2004. The High Court ordered reconsideration based on the seniority criterion applicable then (before 2006 Rules introduced seniority-cum-merit). The Supreme Court held that while an employee has no vested right to promotion, they have a right to be considered under the rules prevailing when the case was taken up. The 2006 Rules do not mandate retroactive application. The High Court's direction was unsustainable. The appeal was allowed and the High Court's judgment set aside, though any promotion already granted would remain unaffected.

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