NDLI: Union of India & Ors. Vs. Krishna Kumar & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Assam Rifles Warrant Officer (General Duty) Group ‘C’ Combatised Posts Recruitment Rules Eligibility of 2012 Naib Subedar Promotion
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Assam Rifles Warrant Officer (General Duty) Group ‘C’ Combatised Posts Recruitment Rules, 2012 – Promotion to the post of Naib Subedar after re-structuring of Assam Rifles in 2011 and creation of Recruitment Rules in 2012 – Eligibility of – In 2011, Union of India introduced an intermediate rank of Warrant officer by the abolition/upgradation of one post of Havildar – Thereafter, Recruitment Rules, 2012 were notified – In terms of the Recruitment Rules, 2012 the post of Warrant Officer was created which was required to be filled up by promotion amongst members of the Assam Rifles holding the rank of Havildar – Consequently, promotion orders were issued for Havildars to the newly created post of Warrant Officer – Writ proceedings were instituted with a grievance that the promotion ought to have been made to the rank of Naib Subedar – Writ petition allowed by the High Court – On appeal, held: The entire basis of the decision of the High Court was that those who were recruited prior to the restructuring exercise and were holding the post of Havildars had acquired a vested right of promotion to the post of Naib Subedar – This does not reflect the correct position in law – The right is to be considered for promotion in accordance with the Rules as they exist when the exercise is carried out for promotion – Thus, once the structure of the Assam Rifles underwent a change following the creation of the intermediate post of Warrant officer, persons holding the post of Havildar would be considered for promotion to the post of Warrant Officer – Service Law.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 48
Petitioner	Union Of India & Ors.
Respondent	Krishna Kumar & Ors.
SCR	[2019] 1 S.C.R. 982
Judgement Date	2019-01-14
Case Number	672

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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