Retrospective Rules and The Legal Effect : How Supreme Court Answered the Issue

Retrospective Rules and The Legal Effect

P.D. Aggarwal v. State of UP [1987] GCtR 5958 (SC) : "Unless it is specifically provided in the rules, the employees who are already promoted before the amendment of the rules, cannot be reverted and their promotions cannot be recalled. In other words, such rules laying down qualifications for promotion made with retrospective effect must necessarily satisfy the tests of Arts. 14 and 16(1) of the Constitution." "There should not be arbitrariness in State action and the State action must ensure fairness and equality of treatment. It is open to judicial review whether any rule or provision of any Act has violated the principles of equality and non-arbitrariness and thereby invaded the rights of citizens guaranteed under Arts. 14 and 16 of the Constitution."