Court Upholds Employee's Vested Rights Against Retrospective Board Resolution
In a significant judgment, the Andhra Pradesh High Court has set aside a retrospective board resolution that attempted to revoke the promotion of an employee within the Tirumala Tirupati Devasthanams (TTD) due to a change in policy. The court ruled that the vested rights of the employee could not be nullified retroactively without evidence of fraud, misrepresentation, or ineligibility.
The case involved P. Priyavardhana Babu, who was promoted from the position of Matron to Junior Lecturer under the TTD Service Rules. The promotion was based on a board resolution that later came under scrutiny, leading to a retrospective withdrawal by the TTD Board. This withdrawal was challenged by Babu, resulting in the High Court's intervention.
Justice Subba Reddy Satti, presiding over the case, concluded that the TTD Board's authority to review its resolutions could not operate retrospectively to unsettle accrued rights. The court emphasized that once a right is vested and acted upon, it should not be reversed unless there are compelling reasons such as fraud or misrepresentation.
The court noted that the petitioner was appointed as a Matron in 1999 and later promoted following a valid resolution and due procedural compliance. The subsequent show cause notice issued to revert him back to his original position was deemed unsustainable by the court.
In its ruling, the court highlighted the principle of non-retroactivity, stating that statutes or resolutions should not impair vested rights unless explicitly intended by the legislature. The judgment further indicated that administrative inconveniences could not justify the retrospective alteration of an individual's settled rights.
This decision reaffirms the legal principle that vested rights, once conferred, cannot be negated by subsequent administrative actions unless justified by law. The judgment has significant implications for governance and administrative processes within public institutions.
Bottom Line:
Service Law - Promotion of employee under TTD Service Rules - Reversion based on subsequent resolution by TTD Board - Retrospective withdrawal of accrued rights is unsustainable.
Statutory provision(s): Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, Andhra Pradesh Educational Institutions Rules, 1987.
