Prospective operation of recruitment rules: pre-amendment vacancies remain governed by the unamended rules unless retrospective effect is clear.

Recruitment vacancies arising before an amendment to the Special Rules are ordinarily governed by the rules in force when those vacancies arose, unless the amended rules clearly provide otherwise. The expression "vacancies arising" was treated as indicating prospective operation, so the amended rule requiring 37-1/2 per cent direct recruitment did not apply to vacancies that had arisen before 28.4.1980. The contrary view was held unsustainable because the recruitment process had been initiated under the unamended regime and there was no indication of retrospective application.

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Issues: Whether recruitment to vacancies that arose before the amendment of the Special Rules on 28.4.1980 was governed by the unamended rules or by the amended rules introducing the requirement that 37-1/2 per cent of substantive vacancies arising in the category of Assistant Engineers be filled by direct recruitment.

Analysis: The amended rule used the expression "vacancies arising", which indicated application to vacancies coming into existence after the amendment. The earlier decision to initiate direct recruitment had been taken under the unamended regime, and there was no indication that the amendment was intended to operate on vacancies that had already arisen. The reasoning followed the settled principle that vacancies occurring before the change in rules are ordinarily governed by the rules then in force.

Conclusion: The amended Special Rules did not apply to vacancies that had arisen before 28.4.1980, and the Tribunal's contrary view was unsustainable.

Ratio Decidendi: Vacancies that arise before an amendment to recruitment rules are governed by the rules in force when those vacancies arose, unless the amended rules expressly or by necessary implication provide otherwise.

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