Govt can change rules for recruitment: SC

NEW DELHI: 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 G S 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.

“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,’’ Justice Katju observed.

The Supreme Court passed the judgement while setting aside an Allahabad High Courtjudgementwhichheld that BSNL cannot change the rules of recruitment if it had given an undertaking to its employees.