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Dr. K. Ramulu And Anr. Etc vs Dr. S. Suryaprakash Rao And Ors on 15 January, 1997

17. Assuming for the sake of argument that the post is a promotional post, even then we find that the exception carved out to the general principle of law that vacancies in the promotion posts have to be filled up from amongst the eligible candidates in the year of the vacancy and as per the then existing Recruitment Rules is as was declared by the Supreme Court in the decision reported as 1997 (3) SCC 509 Dr.K.Ramulu & Anr. v. Dr.Suryaprakash Rao & Ors. wherein a conscious decision taken in the year 1988 not to fill up promotional posts pending amendment to the A.P. Animal Husbandry Service Special Rules 1977 resulting in the A.P.Animal Husbandry Service Rules 1996 being promulgated repealing the 1977 Rules was held justifying the decision to fill up the vacancies which had arisen prior to the amendments by applying the amended Rule. The Court opined that the executive is entitled to take a decision not to fill up the existing vacancies as on the relevant date and that nobody acquires a vested right for being considered for promotion as and when the vacancy arises.
Supreme Court of India Cites 9 - Cited by 108 - Full Document
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