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Supreme Court of India 2019-01-14 allowed

Union of India & Ors vs Krishna Kumar & Ors

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

The Union of India promoted Havildars in Assam Rifles to the newly created post of Warrant Officer following restructuring in 2011. Havildars challenged this, arguing they should be promoted to the higher rank of Naib Subedar, claiming violation of constitutional equality rights. The High Court directed the government to consider them for Naib Subedar promotion for pre-2011 vacancies under old rules. The Supreme Court reversed the High Court, holding that there is no vested right to promotion—only a right to be considered under rules existing at the time of consideration, not when vacancies arose. Creation of an intermediate post does not violate constitutional rights.

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