LEGAL ISSUE: Whether promotions should be based on rules existing when vacancies arise or when the promotion is considered.

CASE TYPE: Service Law

Case Name: Union of India & Ors. vs. Krishna Kumar & Ors.

[Judgment Date]: 14 January 2019

Date of the Judgment: 14 January 2019

Citation: (2019) INSC 14

Judges: Dr. Dhananjaya Y. Chandrachud, J. and Hemant Gupta, J. The judgment was authored by Dr. Dhananjaya Y. Chandrachud, J.

Can an employee claim promotion based on rules that existed when a vacancy arose, or are promotions governed by the rules in effect at the time of consideration? The Supreme Court of India addressed this question in a case concerning promotions within the Assam Rifles. This case clarifies that the applicable rules are those in force when the promotion is actually considered, not when the vacancy initially occurred. The bench comprised of Justices Dr. Dhananjaya Y. Chandrachud and Hemant Gupta.

Case Background

The respondents in this case were appointed as Riflemen in the Assam Rifles between 1982 and 1989. They were later promoted to the rank of Havildar. Under the then existing rules, the next promotional post for Havildars was Naib Subedar. Following the Sixth Pay Commission recommendations, the Union of India sanctioned the creation of an intermediate rank of Warrant Officer on 3 March 2011, by abolishing/upgrading one post of Havildar. On 16 June 2012, the Assam Rifles Warrant Officer (General Duty) Group ‘C’ Combatised Posts Recruitment Rules, 2012, were notified. These rules stipulated that the post of Warrant Officer would be filled by promotion from Havildars with five years of regular service and specified educational qualifications. On 13 August 2012, promotion orders were issued, and the respondents were promoted to Warrant Officers. Aggrieved by this, the respondents filed writ proceedings before the High Court, contending that they should have been promoted to Naib Subedar as per the rules existing before the 2011 changes.

Timeline:

Date Event
1982-1989 Respondents appointed as Riflemen in Assam Rifles.
3 March 2011 Union of India sanctions the creation of Warrant Officer post.
16 June 2012 Assam Rifles Warrant Officer Recruitment Rules, 2012 notified.
13 August 2012 Respondents promoted to Warrant Officer.

Course of Proceedings

The High Court allowed the writ petition, stating that vacancies arising before the 2011 changes should be filled as per the rules existing at the time of the vacancy. The High Court directed the appellants to consider the case of the respondents and other Havildars for promotion to the post of Naib Subedars against vacancies which had occurred prior to the changes which were carried out in 2011 and before the enforcement of the Recruitment Rules, 2012. The Union of India appealed this decision to the Supreme Court.

Legal Framework

The case revolves around the interpretation of service rules and the principle of promotion. The key legal provisions include:

  • The Assam Rifles Warrant Officer (General Duty) Group ‘C’ Combatised Posts Recruitment Rules, 2012, which specified the criteria for promotion to the post of Warrant Officer. The rules stated:

    “Promotion amongst the members of Assam Rifles holding the rank of Havildar (General Duty) with five years regular service in the grade and possessing the following educational qualifications, namely:-
    (i)Map reading standard one-Pass
    (ii) Promotion cadre passed – Pass
    (iii) Technical Trade Test One – Pass”

  • Note 1 of the rules specifies that juniors who have completed their qualifying or eligibility service are considered for promotion, their seniors would also be considered provided they are not short of the requisite qualifying or eligibility service for more than half of such qualifying or eligibility service or two years, whichever is less, and have successfully completed their probation period for promotion to the next grade with their juniors who have already completed such qualifying or eligibility service.
  • Note 2 of the rules specifies that for the purpose of counting minimum qualifying service for promotion, the service rendered on a regular basis by an officer prior to the 1st January, 2006 i.e. the date from which the revised pay structure band or the Sixth Central Pay Commission recommendations has been extended, shall be deemed to be service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the Commission.
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The core issue is whether promotions should be governed by rules existing when vacancies arise or the rules in force when promotions are considered. This has implications for the fundamental rights under Articles 14 and 16 of the Constitution, which guarantee equality before the law and equality of opportunity in matters of public employment.

Arguments

Appellants (Union of India):

  • The High Court erred in holding that vacancies prior to the amendment of Recruitment Rules should be governed by old rules.
  • Once the structure of Assam Rifles changed in 2011, and the 2012 Rules specified promotion from Havildar to Warrant Officer, the High Court was not justified in directing promotions to Naib Subedar.

Respondents (Krishna Kumar & Ors.):

  • Promoting Havildars to Warrant Officer violates their fundamental rights under Articles 14 and 16 of the Constitution.
  • Prior to the restructuring, the promotion for Havildars was to the post of Naib Subedar.
  • Vacancies arising before 2011 should be filled by promoting Havildars to Naib Subedar.

The respondents argued that they had a vested right to be promoted to Naib Subedar based on the rules that were in place when the vacancies arose. The appellants contended that the rules in force at the time of consideration for promotion should apply.

Main Submission Sub-Submissions
Appellants (Union of India)
  • High Court erred in applying old rules to pre-amendment vacancies.
  • 2012 Rules correctly prescribe promotion to Warrant Officer.
Respondents (Krishna Kumar & Ors.)
  • Promotion to Warrant Officer violates fundamental rights.
  • Prior rules mandated promotion to Naib Subedar.
  • Pre-2011 vacancies should be filled as per old rules.

Issues Framed by the Supreme Court:

  • Whether the High Court was correct in holding that vacancies occurring prior to the amendment or creation of Recruitment Rules are to be governed by the Rules which existed at the time of occurrence of the vacancy?
  • Whether the promotion from the post of Havildar to the post of Warrant Officer violates the fundamental rights of the respondents under Articles 14 and 16 of the Constitution?

Treatment of the Issue by the Court:

The following table demonstrates as to how the Court decided the issues

Issue Court’s Decision Reason
Whether the High Court was correct in holding that vacancies occurring prior to the amendment or creation of Recruitment Rules are to be governed by the Rules which existed at the time of occurrence of the vacancy? No The Supreme Court held that there is no rule of universal application that vacancies must necessarily be filled in on the basis of the law which existed on the date when they arose. The applicable rules are those in force when the promotion is actually considered.
Whether the promotion from the post of Havildar to the post of Warrant Officer violates the fundamental rights of the respondents under Articles 14 and 16 of the Constitution? No The Court found that the introduction of an intermediate post does not amount to interfering with any vested rights. The right is to be considered for promotion in accordance with the Rules as they exist when the exercise is carried out for promotion.
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Authorities

The Supreme Court considered the following cases and legal principles:

Authority Court How it was used
Y.V. Rangaiah Vs. Sreenivasa Rao 1 Supreme Court of India Construed as a case where the applicable Rules required the process of promotion to be completed within a stipulated time frame.
H.S. Grewal Vs. Union of India 2 Supreme Court of India Held that the creation of an intermediate post does not interfere with vested rights to promotion.
Deepak Agarwal Vs. State of Uttar Pradesh 3 Supreme Court of India Reiterated that a candidate has the right to be considered under the rules in force on the date of consideration.
State of Tripura Vs. Nikhil Ranjan Chakraborty 4 Supreme Court of India Affirmed that vacancies need not be filled by the law existing when they arose.

The Court also considered the following legal provisions:

  • Articles 14 and 16 of the Constitution of India: Guarantees equality before the law and equality of opportunity in matters of public employment.

The Court relied on these authorities to establish that the applicable rules for promotion are those in force at the time of consideration, not when the vacancy arose.

Judgment

The Supreme Court allowed the appeal filed by the Union of India and set aside the judgment of the High Court. The Court held that the High Court was incorrect in stating that vacancies arising before the amendment of the Recruitment Rules would be governed by the rules existing at the time of the occurrence of the vacancies. The Court clarified that there is no absolute rule that vacancies must be filled as per the law existing when they arose. The right to be considered for promotion is based on the rules in force when the promotion exercise is carried out.

Submission by Parties How the Court Treated the Submission
The High Court erred in holding that vacancies prior to the amendment of Recruitment Rules should be governed by old rules. The Court agreed with this submission and held that the High Court was incorrect in its view.
Once the structure of Assam Rifles changed in 2011, and the 2012 Rules specified promotion from Havildar to Warrant Officer, the High Court was not justified in directing promotions to Naib Subedar. The Court upheld this submission, stating that the rules in force at the time of consideration for promotion should apply.
Promoting Havildars to Warrant Officer violates their fundamental rights under Articles 14 and 16 of the Constitution. The Court rejected this submission, stating that the introduction of an intermediate post does not amount to interfering with any vested rights.
Prior to the restructuring, the promotion for Havildars was to the post of Naib Subedar. The court acknowledged this but held that the applicable rules are those in force at the time of consideration for promotion.
Vacancies arising before 2011 should be filled by promoting Havildars to Naib Subedar. The Court rejected this submission, stating that there is no vested right to promotion based on the rules existing when the vacancy arose.
Authority How the Court Viewed the Authority
Y.V. Rangaiah Vs. Sreenivasa Rao 1 The Court clarified that this case was an exception where the rules required the promotion process to be completed within a stipulated time frame.
H.S. Grewal Vs. Union of India 2 The Court followed this case, stating that the creation of an intermediate post does not interfere with vested rights to promotion.
Deepak Agarwal Vs. State of Uttar Pradesh 3 The Court relied on this case to reiterate that a candidate has the right to be considered under the rules in force on the date of consideration.
State of Tripura Vs. Nikhil Ranjan Chakraborty 4 The Court followed this case to affirm that vacancies need not be filled by the law existing when they arose.
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The Court emphasized that “there is no vested right to promotion, but a right be considered for promotion in accordance with the Rules which prevail on the date on which consideration for promotion takes place.” The Court also observed that “there is no rule of universal application to the effect that vacancies must necessarily be filled in on the basis of the law which existed on the date when they arose.” The Court further stated that “the right is to be considered for promotion in accordance with the Rules as they exist when the exercise is carried out for promotion.”

What weighed in the mind of the Court?

The Supreme Court’s decision was primarily influenced by the principle that the rules in force at the time of consideration for promotion are the ones that should apply. The Court emphasized that there is no vested right to promotion based on rules existing when a vacancy arises. The Court also noted that the creation of the intermediate post of Warrant Officer was a result of a restructuring exercise, and that it did not violate any fundamental rights of the respondents.

Sentiment Analysis of Reasons Percentage
Rules in force at the time of consideration for promotion apply 40%
No vested right to promotion based on rules when vacancy arose 30%
Creation of intermediate post due to restructuring exercise 20%
No violation of fundamental rights 10%
Ratio Percentage
Fact 30%
Law 70%

Logical Reasoning:

Issue: Which rules govern promotions – those at the time of vacancy or at the time of consideration?
↓
Court’s Analysis: No vested right to promotion based on old rules.
↓
Court’s Finding: Rules in force at the time of consideration apply.
↓
Conclusion: High Court’s decision set aside. Promotions to be based on 2012 rules.

Key Takeaways

  • Promotions in government services are governed by the rules in force at the time of consideration, not when the vacancy arose.
  • Employees do not have a vested right to promotion based on old rules.
  • Restructuring of services and creation of intermediate posts are permissible and do not violate fundamental rights.

Directions

The Supreme Court set aside the judgment of the High Court, and no further directions were given.

Development of Law

The ratio decidendi of this case is that the rules in force at the time of consideration for promotion are the ones that should apply, and there is no vested right to promotion based on rules existing when a vacancy arises. This case reinforces the principle established in previous judgments like Deepak Agarwal and Nikhil Ranjan Chakraborty, and clarifies the interpretation of Y.V. Rangaiah.

Conclusion

The Supreme Court’s decision in Union of India vs. Krishna Kumar clarifies that promotions are governed by the rules in force at the time of consideration, not when the vacancy arose. This ruling settles the legal position on this issue and provides clarity for future cases involving promotions in government services.

Source: Union of India vs. Krishna Kumar