T.R. KAPUR & ORS. versus STATE OF HARYANA & ORS.

T.R. KAPUR & ORS. versus STATE OF HARYANA & ORS.

The Haryana State Government's amendment of Rule 6(b) of the Punjab Service of Engineers, Class I, P.W.D. (Irrigation Branch) Rules, 1964, with retrospective effect, is ultra vires as it lacked Central Government approval under the Punjab Reorganisation Act, 1966. Such amendment violated constitutional protections against arbitrary deprivation of vested rights, and failed the standards of Articles 14 and 16(1).

Parties
Petitioner: T.R. Kapur; Petitioner: Mohinder Singh; Petitioner: V.D. Grover; Respondent: State of Haryana; Respondent: Public Works Department (Irrigation Branch), Haryana
Jurisdiction
India
Judgment Date
17 December 1986
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Petitions allowed; impugned notification declared ultra vires
Legal Topics
Service Rules Amendment, Retrospective Legislation, Promotion, Qualifications, Constitutional Safeguards
Civil Services Administrative Law Constitutional Law Service Rules Amendment Retrospective Legislation Promotion Qualifications Constitutional Safeguards

Case Brief

Summary, issues, holding and outcome

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Parties

T.R. Kapur

Petitioner

Mohinder Singh

Petitioner

V.D. Grover

Petitioner

State of Haryana

Respondent

Public Works Department (Irrigation Branch), Haryana

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether the Haryana State Government could retrospectively amend service rules to require a degree in Engineering for promotion to Executive Engineer, Class I, thereby nullifying vested rights.
  2. 2 Whether such retrospective amendment violates Article 14 and 16(1) of the Constitution.
  3. 3 Whether the amendment contravenes the proviso to Section 82(6) of the Punjab Reorganisation Act, 1966.

Ratio Decidendi

The Haryana State Government's amendment of Rule 6(b) of the Punjab Service of Engineers, Class I, P.W.D. (Irrigation Branch) Rules, 1964, with retrospective effect, is ultra vires as it lacked Central Government approval under the Punjab Reorganisation Act, 1966. Such amendment violated constitutional protections against arbitrary deprivation of vested rights, and failed the standards of Articles 14 and 16(1).

Court Disposition

Petitions allowed; impugned notification declared ultra vires

Orders

  • Impugned notification dated June 22, 1984 amending Rule 6(b) of Punjab Service of Engineers, Class I, P.W.D. (Irrigation Branch) Rules, 1964 with retrospective effect from July 10, 1964 is declared ultra vires the State Government