K.T. Nagaraj And Anr. vs The Bangalore Mahanagara Palike And ... on 16 April, 2003
A reference can also be made to the decision of the Supreme Court in Union of India and Ors. v. Dr. S. Krishna Murthy and Ors., a rule under the Indian Forest Service (Regulation of Seniority) Rules, 1968, Rule 3(2)(d) and Indian Police Service (Regulation of Seniority) Rules, 1954, Rule 3(3)(c) and (d) had been challenged, and while considering the validity of the said rules, their Lordships have observed that the rules prevailing for the benefit of the employee for a long time cannot be interfered with by the Court unless the rules are unconstitutional and that the seniority of the respondents was not taken away or interfered with by the impugned rules and it was also observed that the impugned rules only provided for giving weightage to the Emergency Commissioned Officers and Short Service Commissioned Officers for their past services in the army during the emergency period and repelled the contention of the respondents that the impugned rules would take away the vested rights of the respondents and consequently prejudicially affect their interests. Under the circumstances, the amendment now brought to validate the action of the Corporation cannot be said to be bad and on this count, the amendment cannot be struck down.