State Of Gujarat & Another vs Raman Lal Keshav Lal Soni & Others on 27 January, 1983
In many of these decisions the expressions "vested rights" or "accrued
rights" have been used while striking down the impugned provisions which
had been given retrospective operation so as to have an adverse effect in
the matter of promotion, seniority, substantive appointment, etc. of the
employees. The said expressions have been used in the context of a right
flowing under the relevant rule which was sought to be altered with effect
from an anterior date and thereby taking away the benefits available under
the rule in force at that time. It has been held that such an amendment
having retrospective operation which has the effect of taking away a
benefit already available to the employee under the existing rule is
arbitrary, discriminatory and violative of the rights guaranteed under
Articles 14 and 16 of the Constitution. We are unable to hold that these
decisions are not in consonance with the decisions in Roshan Lal Tandon
(supra), B.S. Yadav (supra) and Raman Lal Keshav Lal Soni & Ors., (supra).