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Supreme Court of India 2022-05-20 allowed

State of Himachal Pradesh & Ors vs Raj Kumar & Ors

Bench: 3 — Pamidighantam Sri Narasimha

In Brief

This landmark case addressed whether job vacancies arising before amended recruitment rules must be filled under old rules or new rules. The Supreme Court overruled the long-standing principle from Y.V. Rangaiah v. J. Sreenivasa Rao that vacancies prior to rule amendments must be governed by old rules. The Court held that government employees have no vested right to be considered under pre-amendment rules. Instead, employees have only a right to be fairly considered under rules in force when consideration actually takes place. The Court affirmed the government's authority to restructure cadre and introduce policy changes. The appeals were allowed, setting aside the High Court's direction to fill Labour Officer posts using old rules."

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