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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

Assam Rifles Havildars were promoted to a newly created post of Warrant Officer following organisational restructuring and new recruitment rules in 2012. They challenged this in the High Court, contending they should have been promoted to the higher post of Naib Subedar under the pre-restructuring rules. The High Court ordered their consideration for promotion to Naib Subedar against vacancies arising before 2011. The Supreme Court held that there is no vested right to promotion under old rules after restructuring; employees have only the right to be considered for promotion under rules in force when consideration takes place. The creation of the intermediate Warrant Officer post was prospective and did not violate constitutional rights. Appeal allowed.

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