Learned counsel submitted, that the respondent-employees could not
claim a vested right, with reference to the provisions of ‘the 1999
Scheme’. In this behalf ... employee has not acquired any vested right in the
contributions made by the Society. Such a right vests in him only when he
attains
with retrospective
effect, the legislature has no power to take away vested rights. The
contention urged is that the rights created as a result ... enact law with retrospective effect
includes the power to take away vested rights including those which may be
created by issue of writs.
Every sovereign
retrospective operation of amended Rule 13 takes away the vested rights of the general category candidates senior to respondents 2 to 9. It is settled ... proposition of law that the vested rights cannot be abrogated by retrospective legislation.
2. The retrospective operation of amended Rule 13 is arbitrary
question of there
being any crystallized right or vested right in favour of the Writ Petitioners.
It is further pointed out by the Learned Senior ... more particularly, the retrospective effect given thereto, completely
annihilated the vested rights for being considered for the promotion. The
argument of Shri Mishra was that
seniority. It is contended that seniority once finally determined, is a vested right and cannot be divested even by making Regulations and, therefore, the Regulations ... corporation, which stood finally determined?
4. Whether seniority is such a vested right that cannot be divested or disturbed even by making a provision, which
retrospective operation of amended Rule 13 takes away
the vested rights of the general category candidates senior
to Respondents 2 to 9. It is settled ... proposition of law that
the vested rights cannot be abrogated by retrospective
legislation.
2.The retrospective operation of amended Rule 13 is
arbitrary
post pursuant to an advertisement does not acquire any vested right of selection, but if he is eligible and is otherwise qualified in accordance with ... terms contained in the advertisement, he does acquire a vested right of being considered for selection in accordance with the rules as they existed
given in the rights of absolute ownership; not contingent; not subject to be
defeated by a condition precedent. Rights are ‘vested’ when right to enjoyment ... Thus, vested right is a right independent of any contingency and it
cannot be taken away without consent of the person concerned. Vested right
SEBC candidates works completely to the detriment and is
against the vested rights accrued in favour of the EWS
candidates. SEBC candidates applied against SEBC ... before the
Supreme Court. EWS category candidates, therefore, cannot
claim a vested right to be appointed against the existing
vacancies. Merely because the select list
given in the rights of absolute ownership; not contingent; not subject to be defeated by a condition precedent. Rights are vested when right to enjoyment ... Thus, vested right is a right independent of any contingency and it cannot be taken away without consent of the person concerned. Vested right
