LexMUNICIPAL CORPORATION OF GREATER BOMBAY & ORS. versus MRS. KALPANA SADHU KAMBLE & ORS.
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MUNICIPAL CORPORATION OF GREATER BOMBAY & ORS. v. MRS. KALPANA SADHU KAMBLE & ORS. AUGUST 30, 1988 [E.S. VENKATARAMIAH AND N.D_. OJHA, JJ.] A B Civil Services: Municipal Corporation of Greater Bombay- Resolution No. 567 dated 12.9.1975-Reservation of posts for back- ward classes-Held, applicable only prospectively-Service conditions C of employees cannot be modified and rights acquired taken away except under a valid liiw. The Government -of Maharashtra passed a resolution on 23.5.1974 providing for feservation for certain sections of backward classes at the stage of promotion in. the services under the State. The D appellant Corporation adopted that reservation policy in its Resolution No. 567 dated 12.9.1975. Thal resolution, however, could not be brought into force immediately. The Corporation passed Resolution No. 1652 on 4.3.1977 making the Resolution No. 567 applicable with effect from 23.5.1974. Respondent No. l, who belonged to one of the backward classes, was promoted to the higher post on 21.3.1977 in pursuance of the said resolution. She instituted a writ petition in the High Court seeking a direction to the appellant Corporation to promote her with effect from 23.5.1974, which was accepted by the Single Judge. An appeal there- E from was dismissed by the Division Bench. F In this appeal by special leave it was contended for the appellant Corporation: (i) that the High Court was wrong in issuing direction to promote the first respondent with effect from 23.5.1974. since that would have the effect of disturbing the promotions made between 23.5.1974 and 21.3.1977, and (ii) that in any event the promotions made G prior to 12.9.1975 could not be disturbed and that the first respondent could not be promoted from a date earlier than 12.9.1975. Modifying the writ issued by the High Court, HELD: The lst respondent shall be deemed to have been pro- H 679 680 SUPREME COURT REPORTS [1988] Supp. 2 S.C.R. A moted.with effect from 12.9.1975 and not from 23.5.1974, as directed by the High Court. [684C-D) The Government Resolution dated 23.5.1974 did not come into force as far as the services under the Corporation were concerned on the date on which it was passed by the Government. It could only come B into effect after the Corporation passed its resolution on 12.9.1975; When once the Corporation passed the resolution dated 12.9.1975 any promotion made thereafter in the services of the Corporation could only be made subject to the reservation policy adopted by the Cor- poration. l683B-C) C The mere fact that there was some delay .in the collection of statis- tics and other particulars necessary for giving effect to the resolution dated 12.9.1975 could not have the effect of denying the benefit of the reservation to the employees belonging to the backward classes con- cerned with effect from 12.9.1975. [683D) II> Though service conditions of employees could be modified retrospectively, no modification which would have the effect of depriving them of their vested rights can be made retrospectively except under a valid law. No such law is placed· before the Court in the . instant case. The seniority of the employees who had· been fawfiilly promoted between 23.5.1974 and 12.9.1975, therefore, cannot be IE disturbed. (6848-CI CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2616 ()f 1983. From the Judgment and Order dated 20.12.1982 of the Bombay Ii' High Court in Appeal No. 709 of ·1982. V.A. Bobde and D.N. Mishra, Adv. for theAppellants. R.F. Nariman and P.H. Parekh, Actvs. for the Respondents. 0 . The following Judgment of the Court was delivered by VENKATARAMIAH, J. The Municipal Corporation ofGreater Bombay (hereinafter referred to as 'the Corporation') and some of its officers have Hied this appeal by special leave against the Judgment H and Order dated 20.12.1982 passed in Appeal No. 709 of 1982 on the T MUNJCIPALCORPN. v. MRS. K.S. KAMBLE (VENKATARAMJAH,J.] 681 file of the High Court of Bombay affirming the Judgment dated A 23.11.1982 of the learned Single Judge in Writ Petition No. 579 of 1981 in which the learned Single Judge had is.sued a writ in the nature cif mandamus direct(ng the Corporation to implement its Resolution No. 5o7 dated 12.9.1975 directing reservation of certain vacancies while making promotions from a lower cadre to a higher cadre for the emp- loyees of the Corporation belonging to certain sections of backward B classe
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