Vacancies Under Old Rules Must Be Filled Under Old Rules — (2026) INSC 505
The Executive Instructions of 1981 were in force when the vacancies arose and when the respondents became eligible. Under the law laid down in Y.V.
State of Odisha v. Sreepati Ranjan Dash — (2026) INSC 505Core Argument
The Executive Instructions of 1981 were in force when the vacancies arose and when the respondents became eligible. Under the law laid down in Y.V. Rangaiah, vacancies must be filled on the basis of the rules existing on the date they arose. The 2021 Rules cannot retrospectively affect the respondents' right to be considered for promotion.
Key Precedents
- Y.V. Rangaiah v. J. Sreenivasa Rao (1983) 3 SCC 284 — Held that vacancies which occurred prior to the amendment of recruitment rules would be governed by the old rules and not by the amended rules.
- Dr. Sharmad v. State of Kerala 2025 SCC OnLine SC 71 — Held that executive instructions issued under Article 162 have statutory force and bind the State government.
- Shankarshan Dash v. Union of India (1991) 3 SCC 47 — Held that the decision not to fill up vacancies must be taken for bona fide reasons supported by appropriate reasons.
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