Taking away vested pension, promotion by retrospective amendment violates Articles 14, 16: Supreme Court

The Supreme Court observed that the non­-availability of financial resources would not be a defence available to discontinue the vested right of an employee.
Taking away vested pension, promotion by retrospective amendment violates Articles 14, 16: Supreme Court
Justice Ajay Rastogi and Justice Abhay S. Oka

The Supreme Court on Tuesday held that if an amendment having retrospective operation has the effect of taking away the benefit already available to an employee under existing rules, it would be violative of the fundamental rights guaranteed under Articles 14 and 16 of the Constitution [The Punjab State Cooperative Agricultural Development Bank vs The Registrar, Cooperative Societies & ors].

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