UNION OF INDIA vs P.C. MISRA

The Supreme Court held that the memorandum dated November 26, 1987, in conjunction with sub-rule (3) of Rule 31 of the Delhi and Andaman & Nicobar Civil Service Rules, 1971, governs the eligibility for appointment to the Junior Administrative Grade effective from January 1, 1986. The Court ruled that the respondents, lacking the requisite four years of service in Selection Grade by that date, were not eligible for regular appointment and could only be considered for promotion under the amended rules. The Tribunal's view that the 1988 Amendment could not affect vested rights was rejected, affirming the legality of retrospective amendments for appointments to the Junior Administrative Grade.