" IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO. THIS IS THE ONLY ASSOCIATION FOR SUPERINTENDENTS OF CENTRAL EXCISE AND IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE THROUGH OUT THE COUNTRY . President Mr.T.Dass and SG Mr. Harpal Singh.

Tuesday, 16 July 2013

APEX COURT ORDER FOR TOTAL RESTRICTION ON RETROSPECTIVE AMENDMENT OF RECRUITMENT RULES.


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The Honourable  SUPREME COURT OF INDIA  in  TEJ PRAKASH PATHAK & OTHERS  Appellants
VERSUS  RAJASTHAN HIGH COURT & OTHERS  -Respondents
Civil Appeal No. 2634-2636 of 2013-Decided on 20-3-2013 have  petrified into a rule of law in the context of  employment under the State about  ‘rules of the game’ which cannot be changed after the game is either commenced or played.  
 The question whether the ‘rules of the game’ could be changed was considered by  Honourable Apex  Court on a number of occasions in different circumstances. Such question arose in the context of employment under State which under the scheme of our Constitution is required to be regulated by “law” made under Article 309 or employment under the instrumentalities of the State which could be regulated either by statute or  subordinate legislation. In either case the ‘law’ dealing with the recruitment is subject to the discipline of  Article 14.  Legal relationship between employer and employee  is essentially contractual. Though in the context  of employment under State the contract of employment is generally regulated by statutory provisions or  subordinate legislation which restricts the freedom of the employer i.e. the ‘State’ in certain respects.   In the context of the employment covered by the regime of Article 309, the ‘law’ – the recruitment  rules in theory could be  prospective  only.
  In the context of employment under the instrumentalities of the State which is  normally regulated by subordinate legislation, such rules cannot be made retrospectively .  Under the Scheme of our Constitution an absolute and non-negotiable prohibition against  retrospective law making is made only with reference to the creation of crimes. Any other legal right or obligation could be created, altered, extinguished  retrospectively by the sovereign law making bodies. However such drastic power is required to be exercised in a manner that it does not conflict with any  other constitutionally guaranteed rights, such as, Articles 14 and 16 etc. Changing the ‘rules of game’ either midstream or after the game is played is an aspect of retrospective law making power.