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december 1986

Supreme Court of India · 1986-12-17

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

Citation / case number
SC 1984/68506
Court
Supreme Court of India
Petitioner
T.R. KAPUR & ORS.
Respondent
STATE OF HARYANA & ORS.
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court held that the Haryana State amendment to Rule 6(b) of the Punjab Service of Engineers, Class I, Public Works Department (Irrigation Branch) Rules, 1964, which required a degree in Engineering for promotion with retrospective effect, was ultra vires as it violated the proviso to Section 82(6) of the Punjab Reorganisation Act, 1966. The Court emphasized that benefits acquired under existing service rules cannot be taken away by retrospective amendments without prior approval from the Central Government. The Court ruled in favor of the petitioners, allowing their promotions based on the unamended rules.

T.R. KAPUR & ORS. vs STATE OF HARYANA & ORS. · Niyam