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.