Shivani Thakur
Published on: May 21, 2022 at 17:10 IST
The Supreme Court held that the conditions of service of a public servant, including matters of promotion and seniority, are governed by the extant rules”.
The three judge bench comprising of Justices Uday Umesh Lalit, S.Ravindra Bhat and PS Narasimha held that, “The appointments to the public posts that fell vacant prior to the amendment of the Rules would be governed by the old Rules and not by the amended rules”
The Bench also observed that, “the rights and obligations of persons serving the Union and State Government are to be sourced from the rules governing the services and that there is no right for an employee outside the said rules”.
In this case, the High Court of Himachal Pradesh directed the State to consider the case of the Writ Petitioners for promotion under Rules that existed when the vacancies arose and not as per the subsequently amended rules.
The Bench thereafter reviewed fifteen cases that have distinguished ‘Rangiah’.
The Court observed, “The consistent findings in these fifteen decisions that Rangaiah’s case must be seen in the context of its own facts, coupled with the declarations therein that there is no rule of universal application to the effect that vacancies must necessarily be filled on the basis of rules which existed on the date which they arose, compels us to conclude that the decision in Rangaiah is impliedly overruled.”
The Bench observed while allowing the Appeal,“The 2006 rules, governing the services of the Respondents came into force immediately after they were notified. There is no provision in the said rules to enable the Respondents to be considered as per the 1966 Rules.”
“The matter must end here. There is no other right that Respondents no. 1 to 3 can claim for such consideration.”