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2011 (4) TMI 1464 - SC - Indian LawsWhether the Notification issued by state making any declaration can take away the accrued rights of the Appellant - In Present case, the appellant had joined as a member of the Commission vide order dated 29.6.2006 under the Act 1993. The State of U.P. issued Notification dated 28.5.2008 to the effect that appellant ceased to hold the office as a Member of the Commission. The appellant challenged the said Notification by filing Writ Petition mainly on the grounds that he had been appointed for a tenure of five years and that period could not be curtailed. The High Court dismissed the writ petition. Hence, this appeal. HELD THAT:- A Constitution Bench of this Court in Chairman, Railway Board & Ors. v. C.R.Rangadhamaiah & Ors [1997 (7) TMI 662 - SUPREME COURT] observed the expressions - “vested rights” or “accrued rights” have been used while striking down the impugned provisions which had been given retrospective operation so as to have an adverse effect in the matter of promotion, seniority, substantive appointment, etc., of the employees. The said expressions have been used in the context of a right flowing under the relevant rule which was sought to be altered with effect from an anterior date and thereby taking away the benefits available under the rule in force at that time. It has been held that such an amendment having retrospective operation which has the effect of taking away a benefit already available to the employee under the existing rule is arbitrary, discriminatory and violative of the rights guaranteed under Articles 14 and 16 of the Constitution.” Therefore, we do not have any hesitation to declare that the Notification dated 28.5.2008 is patently illegal.
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