New Delhi, April 17: The Supreme Court has ruled that the government has absolute constitutional power to amend recruitment rules with retrospective effect, including age of superannuation, irrespective of any undertaking given to employees.
A bench of Justices Markandeya Katju and Gyan Sudha Mishra in a judgement said even if the government had given any undertaking to the employees, the same was not binding as recruitment rules’ powers emanating from Article 309 of the Constitution were absolute.
“A rule made under the proviso to Article 309 is a legislative act. It is not a piece of delegated legislation like a rule made under a statute. Hence it can be amended retrospectively.
“When rules are framed under Article 309 of the Constitution, no undertaking need be given to anybody and the rules can be changed at any time.
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–Agencies