EX. CAPT. K.C. ARORA AND ANOTHER versus STATE OF HARYANA AND OTHERS

EX. CAPT. K.C. ARORA AND ANOTHER versus STATE OF HARYANA AND OTHERS

Amendments to service rules with retrospective effect, which deprive government servants of accrued rights and benefits vested in them by operation of the rules at the time of their appointment, are ultra vires the Constitution and cannot stand if they adversely affect persons who had already acquired such rights.

Parties
Appellant/petitioner: Capt. K.C. Arora; Appellant/petitioner: Another (not named); Respondent: State of Haryana; Respondents: Others (not named); Respondent's Advocate: V.C. Mahajan; Respondent's Advocate: J.S. Goel; Respondent's Advocate: R.N. Poddar
Jurisdiction
India
Judgment Date
26 April 1984
Procedural Posture
Civil Appeals and Writ Petitions / Hearing of Appeals by Special Leave From the Punjab and Haryana High Court and Writ Petitions Under Article 32
Outcome
Appeals and writ petitions allowed. Orders of the High Court quashed.
Legal Topics
Retrospective Legislation, Vested Rights, Seniority and Service Benefits for Ex Army Officers, Ultra Vires
Constitutional Law Service Law Retrospective Legislation Vested Rights Seniority and Service Benefits for Ex Army Officers Ultra Vires

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Capt. K.C. Arora

Appellant/petitioner

Another (not named)

Appellant/petitioner

State of Haryana

Respondent

Others (not named)

Respondents

V.C. Mahajan

Respondent's Advocate

J.S. Goel

Respondent's Advocate

R.N. Poddar

Respondent's Advocate

Procedural Posture

Civil Appeals and Writ Petitions / Hearing of Appeals by Special Leave From the Punjab and Haryana High Court and Writ Petitions Under Article 32

Legal Issues

  1. 1 Whether amendments to The Punjab Government National Emergency (Concessions) Rules, 1965 by Haryana Government with retrospective effect could take away vested/accrued rights of government servants?
  2. 2 Whether the impugned amendments to Rule 2 and 4(ii) of the 1965 Rules are ultra vires the Constitution insofar as they adversely affect persons who had acquired rights under the rules?

Ratio Decidendi

Amendments to service rules with retrospective effect, which deprive government servants of accrued rights and benefits vested in them by operation of the rules at the time of their appointment, are ultra vires the Constitution and cannot stand if they adversely affect persons who had already acquired such rights.

Court Disposition

Appeals and writ petitions allowed. Orders of the High Court quashed.

Orders

  • The impugned Rule 4(ii) of the Punjab Government National Emergency (Concessions) Rules, 1965 as amended by Haryana Government Gazette Notification No. GSR 77/Const/Art 309/Amend/(1)/76 dated 22 March 1976 and Notification No. GSR 182/Const/Art/309/Amend/(2)/76 dated 9 August 1976 are declared ultra vires the...
  • A writ of mandamus is issued directing Respondents Nos. 1 and 2 to prepare the seniority list afresh, taking into consideration the military service rendered by the petitioners and appellants.