IMPORTANT POINTS
There is no vested right to promotion. Employees have only a right to be considered for promotion in accordance with the Rules which prevail on the date on which consideration for promotion takes place.
It is not necessary that vacancies must necessarily be filled in on the basis of the law which existed on the date when they arose.
Creation of an intermediate post would not amount to an interference with the vested right to promotion.
The right is to be considered for promotion in accordance with the Rules as they exist when the exercise is carried out for promotion.

JUDGMENT :

Dhananjaya Y. Chandrachud, J.

CIVIL APPEAL (@ SLP(C) No.26451 of 2014)

1. Leave granted.

2. This appeal arises from an order of a learned Single Judge of the High Court of Manipur dated 10 December 2013. The High Court, by its impugned order, has issued a direction to the appellants to consider the case of the respondents (the petitioners before the High Court) if they are eligible and within the zone of consideration for promotion to the post of Naib Subedar against vacancies which occurred prior to the changes that were made in the structure of Assam Rifles in 2011 and before the enforcement of the Recruitment Rules for Warrant Officer in 2012. The High Court directed that such an exercise be carried out in respect of other Havildars against vacancies which had occurred prior to 2011.

3. The respondents were appointed between 1982 and 1989 on the post of Rifleman in Assam Rifles. At the relevant point of time, they were working as Havildars. Under the Rules, as they existed earlier, the promotional avenue for a Havildar lay to the post of Naib Subedar. Following the recommendations of the Sixth Pay Commission, the Union of India in the Ministry of Home Affairs conveyed its sanction on 3 March 2011 for the introduction of an intermediate rank of Warrant Officer by the abolition/upgradation of one post of Havildar. On 16 June, 2012, the Assam Rifles Warrant Officer (General Duty) Group ‘C’ Combatised Posts Recruitment Rules, 2012 were notified. In terms of the Recruitment Rules, the post of Warrant Officer was created which was required to be filled up by promotion amongst members of the Assam Rifles holding the rank of Havildar (General Duty) with five years’ regular service in the grade and possessing the requisite educational qualifications. The Rules, inter alia, stipulated the following conditions for promotion:

“Promotion amongst the members of Assam Rifles holding the rank of Havildar (General Duty) with five years regular service in the grade and possessing the following educational qualifications, namely:-

(i) Map reading standard one-Pass

(ii) Promotion cadre passed – Pass

(iii) Technical Trade Test One – Pass

Note 1: Where juniors who have completed their qualifying or eligibility service are considered for promotion their seniors would also be considered provided they are not short of the requisite qualifying or eligibility service for more than half of such qualifying or eligibility service or two years, whichever is less, and have successfully completed their probation period for promotion to the next grade with their juniors who have already completed such qualifying or eligibility service.

Note 2: For the purpose of counting minimum qualifying service for promotion, the service rendered on a regular basis by an officer prior to the 1st January, 2006 i.e. the date from which the revised pay structure band or the Sixth Central Pay Commission recommendations has been extended, shall be deemed to be service rendered in the corresponding grade pay or pay scale extended based on the recommendations of the Commission.”

4. On 13 August 2012, promotion orders were issued for Havildars to the newly created post of Warrant Officer. The respondents were promoted as Warrant Officers.

5. Writ proceedings were instituted before the High Court with a grievance that the promotion from the post of Havildar was to a lower and inferior rank of Warrant Officer, whereas the promotion ought to have been made to the rank of Naib Subedar.

6. The High Court allowed the writ petition by holding that despite the changes which were brought about in the structure of Assam Rifles in 2011, rights which accrued prior to the enforcement of the changed structure in favour of Havildars for being considered for promotion as Naib Subedars, were required to be enforced. The High Court observed that:

“It is now well settled that vacancies occurring prior to amendment or creation of Recruitment Rules, are to be governed by the Rules which existed at the t