2009 (5) TMI 941 - SC - Indian Laws

Supreme Court upholds retrospective amendment introducing promotion quota system in Delhi High Court Establishment Rules

The Supreme Court upheld the validity of a retrospective amendment to the Delhi High Court Establishment Rules, 1972, introducing a quota system for ... - Issues Involved:1. Validity of the retrospective amendment to the Delhi High Court Establishment (Appointment and Conditions of Service) Rules, 1972.2. Impact of the amendment on vested rights and chances of promotion.3. Legality of creating separate seniority lists and rotational promotion.Issue-wise Detailed Analysis:1. Validity of the retrospective amendment:The core issue revolved around the retrospective amendment dated 7.8.1995 to Rule 7 of the Delhi High Court Establishment (Appointment and Conditions of Service) Rules, 1972, which introduced a quota system for promotions to the post of Assistant Registrar. The amendment was challenged for its retrospective application from 1.7.1993. The Supreme Court observed that the amendment was necessitated to correct an imbalance where Private Secretaries were monopolizing promotions. The Court found no fault with the retrospective application, stating that it was reasonable and necessary to address the imbalance and prevent further frustration among Superintendents and Court Masters. The retrospective application was deemed appropriate as it followed the last promotion made on 1.6.1993, ensuring no further imbalance.2. Impact on vested rights and chances of promotion:The respondents argued that the retrospective amendment adversely affected their vested rights for consideration for promotion, which they claimed was a fundamental right under Articles 14 and 16 of the Constitution. The Supreme Court clarified that the right to be considered for promotion is not a vested right but a chance, and a mere chance of promotion being affected by an amendment does not invalidate the action. The Court emphasized that no absolute vested or accrued rights were affected, as the amendment did not take away any already granted benefits like promotion, seniority, or substantive appointment. The Court found the High Court's reliance on the decision in Chairman, Railway Board & Ors. vs. C.R. Rangadhamaiah & Ors. to be misplaced, as the retrospective amendment did not deny any crystallized benefits.3. Legality of creating separate seniority lists and rotational promotion:The amendment introduced separate seniority lists for Private Secretaries, Superintendents, and Court Masters, and a rotational promotion system. The Supreme Court noted that this part of the amendment was not challenged before the High Court. The Court found the creation of separate seniority lists and rotational promotion reasonable and necessary to address the imbalance in promotions. The Court referred to the decision in S.B. Mathur vs. Chief Justice of Delhi, which upheld the validity of treating the three categories as equal status posts for promotion purposes. The Court rejected the argument that the High Court's earlier decision created a right to a combined seniority list, clarifying that the decision only validated the existing rule without creating any vested right.Conclusion:The Supreme Court concluded that the retrospective amendment was valid and necessary to address the imbalance in promotions among the three categories. The amendment did not violate any vested rights, as the right to be considered for promotion is not absolute. The creation of separate seniority lists and rotational promotion was upheld as reasonable and necessary. The judgment of the High Court was set aside, and the writ petitions challenging the retrospective amendment were dismissed.