Article 309 Constitution | Right To Receive Correct Salary & Allowances Under Relevant Statutory Rules Is A Vested Right
Case: Sri Nayan Das V The State Of Tripura And Ors With Connected Matters
Coram: Justice T Amarnath Goud
Case No.: WP(C) No. 483 of 2020
Court Observation: “It has been further submitted that the ROP Rules, 2009 and the subsequent amendments thereof, are instances of statutory laws, enacted by the government of Tripura under the Proviso to Article-309 of the Constitution of India, which has ipso jure created a vested right, in favour of the petitioners and hence, by mere issuance of a letter in the style & fashion of the memorandum i.e. the memorandum dated 26.08.2019, the said vested right of the petitioners cannot be impaired. It is the trite law that the right to receive the correct salary & allowances under the relevant statutory rules is a vested right and such vested right cannot be impaired by an administrative instruction/circular letter.”
“ROP Rules, 2009 and the subsequent amendments thereof, are the instances of statutory laws, enacted by the government of Tripura under the Proviso to Article-309 of the Constitution of India, which has ipso jure created a vested right, in favour of the petitioners and hence, by mere issuance of a letter in the style & fashion of the memorandum”
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