S.S. BOLA AND ORS. ETC. versus B.D. SARDANA AND ORS. ETC.

S.S. BOLA AND ORS. ETC. versus B.D. SARDANA AND ORS. ETC.

The Haryana Service of Engineers, Class I, Public Works Department (Buildings and Roads Branch, Public Health Branch and Irrigation Branch) Act, 1995 is valid, except to the extent of the expression in Section 25 relating to continued application of repealed rules to pre-1966 members. The Act was not a mere declaration invalidating court decisions but fundamentally altered the basis (structure and criteria of seniority) considered in those decisions. The Act can have retrospective operation to alter service rules and seniority criteria, but cannot affect accrued or vested rights. Seniority is not a vested right; only the right to consideration for promotion exists.

Parties
Appellant: S.S. Bola; Respondent: B.D. Sardana; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
11 July 1997
Procedural Posture
Appeal and Transferred Writ Petitions / Final Supreme Court Decision
Outcome
Partly allowed; appeals and writ petitions by promotees and State dismissed; directions of High Court largely confirmed with modifications.
Legal Topics
Legislative Competence, Retrospective Legislation, Vested Rights, Seniority in Service, Promotion Criteria, Validation Act, Judicial Review, Interpretation of Statutes
Constitutional Law Administrative Law Service Law Legislative Competence Retrospective Legislation Vested Rights Seniority in Service Promotion Criteria +3 more

Case Brief

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Parties

S.S. Bola

Appellant

B.D. Sardana

Respondent

State of Haryana

Respondent

Procedural Posture

Appeal and Transferred Writ Petitions / Final Supreme Court Decision

Legal Issues

  1. 1 Whether the Haryana Service of Engineers, Class I, Public Works Department Act, 1995, is valid
  2. 2 Whether the Legislature can render Supreme Court judgments ineffective by retrospective legislation
  3. 3 Whether seniority and promotion rights are vested rights

Ratio Decidendi

The Haryana Service of Engineers, Class I, Public Works Department (Buildings and Roads Branch, Public Health Branch and Irrigation Branch) Act, 1995 is valid, except to the extent of the expression in Section 25 relating to continued application of repealed rules to pre-1966 members. The Act was not a mere declaration invalidating court decisions but fundamentally altered the basis (structure and criteria of seniority) considered in those decisions. The Act can have retrospective operation to alter service rules and seniority criteria, but cannot affect accrued or vested rights. Seniority is not a vested right; only the right to consideration for promotion exists.

Court Disposition

Partly allowed; appeals and writ petitions by promotees and State dismissed; directions of High Court largely confirmed with modifications.

Orders

  • Section 25 of the 1995 Act, to the extent that the repealed rules are continued for pre-1966 members, is struck down.
  • Other provisions of the Act held valid.