In Brief
Two employees of Odisha's Transport Department claimed the right to promotion to Assistant Regional Transport Officer posts under 1981 Executive Instructions, even after the state enacted new statutory recruitment rules in 2021. The Supreme Court held that employees have only the right to be considered for promotion under rules in force at the time of actual consideration—not at the time vacancies arose. The Court overruled a 40-year-old doctrine that vacancies must be filled under rules existing when they occurred. Cadre restructuring and statutory reforms allow governments discretionary policy power to change selection methods without triggering automatic promotional rights.
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