" 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.

Monday, 16 September 2013

A HISTORICAL JUDGEMENT OF APEX COURT.

T.R. Kapur & Ors vs State Of Haryana & Ors on 17 December, 1986
Supl. 584 JT 1986 1092 1986 SCALE (2)1051 CITATOR INFO : F 1987 SC 424 (11) RF 1987 SC1676 (17) R 1988 SC1645 (6) RF 1989 SC 307 (5) D 1990 SC1072 (5) ACT:  Benefits acquired under existing service rules cannot be taken away by amendment of rules with retrospective effect. Constitution of India, Article 309, proviso-Service Rules-Amendment of with retrospective effect--Must satisfy tests of Articles 14 and 16(1).
 Persons appointed or promoted under a valid Recruitment Rules are seniors to officers of feeder categories.  Recruitment Rules can not be amended retrospectively  to make such officers juniors to officers  who promoted or appointed later on. Service laws can not be amended retrospectively. In Sabarwal, Ajit Singh-I, Ajit Sing-II, Virpal Singh  Chauhan cases it was decided to amend service laws prospectively only.
The Apex Court in the Judgement of Radheshyam Singh (which is not related to Recruitment Rules or seniority but related to selection by Examination ) has clearly stated for prospective amendment of examination provision. Para 10 reproduced.
“10. The argument advanced by the learned counsel for the respondents that this process of zone-wise selection is in vogue since 1975 and has stood the test of time cannot be accepted for the simple reason that it was never challenged by anybody and was not subjected to judicial scrutiny at all. If on judicial scrutiny it cannot stand the test of reasonableness and constitutionality it cannot be allowed to continue and has to be struck down. But we make it clear that this judgment will have prospective application and whatever selections and appointments have so far been made in accordance with the impugned process of selection shall not be disturbed on the basis of this judgment. But in future no such selection shall be made on the zonal basis. If the Government is keen to make zone-wise selection after allocating some posts for each zone it may make such scheme or rules or adopt such process of selection which may not clash with the provisions contained in Article 14 and 16 of the Constitution of India having regard to the guidelines laid down by this Court from time to time in various pronouncements.