Supreme Court of India · 1968-03-27
B. S. VADERA vs UNION OF INDIA & ORS.
- Citation / case number
- SC 1989/72380
- Court
- Supreme Court of India
- Petitioner
- B. S. VADERA
- Respondent
- UNION OF INDIA & ORS.
- Author
- HIDAYATULLAH, M. (),BACHAWAT, R.S.,VAIDYIALINGAM, C.A.,HEGDE, K.S.,GROVER, A.N.
- Bench
- HIDAYATULLAH, M. (CJ),BACHAWAT, R.S.,VAIDYIALINGAM, C.A.,HEGDE, K.S.,GROVER, A.N.
Judgment text excerpt
The Supreme Court upheld the Railway Board's authority to frame rules with retrospective effect under Article 309 of the Constitution, specifically allowing the Railway Establishment Code, Rule 157, to apply from December 1, 1954. The Court found that the petitioners' promotions were not permanent and thus their reversion to Upper Division Clerks was justified. The Court also ruled that there was no violation of Articles 14 and 16 as the petitioners did not meet the requirements of the modified scheme for retention as Assistants.