AIR 2005 SUPREME COURT 137 ::2004 AIR SCW 6386 ::2005 LAB. I. C. 4 ::(2004) 24 IndLD 406 ::2004 (12) SCC 588 ::2005 SCC (L&S) 1044 ::(2004) 9 Scale 120 ::2005 (3) ServLJ 421 SC ::2004 (8) ACE 253 ::2005 (3) BLJ 320 ::2004 (107) FJR 893 ::2005 (1) ESC 19 ::2005 (1) LabLN 65 ::2005 (1) ServLR 10 ::2004 (6) SLT 722 ::2005 (1) Supreme 589 ::(2005) 26 AllIndCas 143 (SC) ::(2004) 9 JT 293 (SC)

Supreme Court Of India

Hon'ble Judge(s): Y. K. Sabharwal, D. M. Dharmadhikari , JJ

(A) Haryana Civil Services (Executive Branch) and Allied Services and Other Services Common/Combined Examination Act (4 of 2002) , S.1— Validity - Act repealing circulars, basis of SC decisions in AIR 1999 SC 1701 : 1999 AIR SCW 1327 : 1999 Lab IC 1838 (Virender S. Hooda's case) and C.A. No. 7422 of 1999, D/- 9-11-2000 (reported in 2002 (10) SCC 549) (Sandeep Singh's case) - Not ultra vires, except to the extent it takes away appointments already made in implementation of SC decision much before enforcement of Act. Constitution of India , Art.245, Art.14— It cannot be said that vested rights cannot be taken away by legislature by way of retrospective legislation. Taking away of such right would, however, be impermissible if violative of Arts. 14, 16 and any other constitutional provision.(Para 49 59) It cannot be said that the effect of the writs issued by the Courts cannot be nullified by legislature by enacting a law with retrospective effect. The question, in fact, is not of nullifying the effect of writs which may be issued by the High Court or SC. The question is of removing the basis which resulted in issue of such a writ. If the basis is nullified by enactment of a valid legislation which has the effect of depriving a person of the benefit accrued under a writ, the denial of such benef....