# J.S. YADAV v. STATE OF U.P. & ANR - **Citation:** [2011] 5 S.C.R. 460 - **Court:** Supreme Court of India - **Decided:** 2011-04-18 - **Case number:** Civil Appeal No. 3299 of 2011 - **Bench:** P. Sathasivam, Dr. B.S. Chauhan - **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/j-s-yadav-v-state-of-u-p-anr-27644 - **Pages:** 28 ## Headnote Protection of Human Rights Act, 1993: ss.21, 23, 25, 26 - Protection of Human Rights (Amendment) Act, 2006 - C Appellant, District Judge appointed as Member of the State Human Rights Commission in 2006 for a period of 5 years under the provisions of the Act of 1993 - After coming into force of Amendment Act of 2006, the eligibility criteria for appointment of Member was changed and it required o experience of seven years as District Judge - State Government issued Notification declaring that appellant did not fulfill the criteria of the Amendment Act and, therefore, incurred disability to hold the office as a Member of the Commission - Validity of Notification challenged - Held: An E employee appointed for a fixed period under a statute is entitled to continue till the expiry of the tenure - Moreover, s. 26 specifically provided that neither the salary and allowances nor other terms and conditions of service of a Member shall be varied to his disadvantage after his F appointment - As the appellant was fully eligible and competent to be appointed under the Act of 1993 and he was duly appointed and worked for about 2 years including the period after the commencement of the Amendment Act 2006, the declaration that he ceased to hold the post as a Member G of the Commission, was in flagrant violation of the statutory provisions contained in s.26 of the Act of 1993 itself - The Notification was, thus, patently illegal - However, the vacancies of the Members were already filled - Appellant had also not impleaded any person who had been appointed in H 460 J.S. YADAV v. STATE OF U.P. & ANR. 461 his place as a Member of the Commission - In the light of A that the public exchequer cannot be burdened with the liability to pay the salary of two persons against one sanctioned post - Therefore, appellant is not granted any other relief except the declaration in his favour that the impugned Notification is illegal - However, in the peculiar facts and circumstances B of the case, the appellant is awarded cost to the tune of Rs. 1 lakh - Constitution of India, 1950 - Article 236(a) - Costs. Protection of Human Rights (Amendment) Act, 2006: The amendment would apply prospectively, particularly in view of C the fact that the Amendment Act 2006 does not expressly or by necessary implication gives retrospective effect to the Amendment Act - Prospective effect. UP. Higher Judicial Service Rules 1975: r.4 - Post of District Judge and Additional District Judge in the State of D UP. is neither inter-changeable nor inter-transferable. Service law: Appointment - Tenure appointment - Held: An employee appointed for a fixed period under the Statute is entitled to continue till the expiry of the tenure and in such E a case there can be no occasion to pass the order of superannuation for the reason that the tenure comes to an end automatically by afflux of time. Repeal: Accrued rights cannot be taken away by repealing the statutory provisions arbitrarily. F Party: Necessary party - lmpleadment of - Held: No order can be passed behind the back of a person adversely affecting him and such an order if passed, is liable to be ignored being not binding on such a party as the same has G been passed in violation of the principles of natural justice - The principles enshrined in the proviso to Order I Rule 9, CPC provide that impleadment of a necessary parly is mandatory and in case of non-joinder of necessary parly, the plaintiff/ H 462 SUPREME COURT REPORTS [2011] 5 S.C.R. A petitioner may not be entitled for the relief sought by him - In service jurisprudence, if an unsuccessful candidate challenges the selection process, he is bound to implead at least some of the successful candidates in representative capacity - In case the services of a person is terminated and s another person is appointed at his place, in order to get relief, the person appointed at his place is the necessary party for the reason that even if the plaintiff/petitioner succeeds, it may not b ## Text _Characters 0–39,955 of 50,845. This is a partial read: ask again with offset=39955 for what follows._ A B [2011] 5 S.C.R. 460 J.S. YADAV v. STATE OF U.P. & ANR. (Civil Appeal No. 3299 of 2011) APRIL 18, 2011 [P. SATHASIVAM AND DR. B.S. CHAUHAN, JJ.] Protection of Human Rights Act, 1993: ss.21, 23, 25, 26 - Protection of Human Rights (Amendment) Act, 2006 - C Appellant, District Judge appointed as Member of the State Human Rights Commission in 2006 for a period of 5 years under the provisions of the Act of 1993 - After coming into force of Amendment Act of 2006, the eligibility criteria for appointment of Member was changed and it required o experience of seven years as District Judge - State Government issued Notification declaring that appellant did not fulfill the criteria of the Amendment Act and, therefore, incurred disability to hold the office as a Member of the Commission - Validity of Notification challenged - Held: An E employee appointed for a fixed period under a statute is entitled to continue till the expiry of the tenure - Moreover, s. 26 specifically provided that neither the salary and allowances nor other terms and conditions of service of a Member shall be varied to his disadvantage after his F appointment - As the appellant was fully eligible and competent to be appointed under the Act of 1993 and he was duly appointed and worked for about 2 years including the period after the commencement of the Amendment Act 2006, the declaration that he ceased to hold the post as a Member G of the Commission, was in flagrant violation of the statutory provisions contained in s.26 of the Act of 1993 itself - The Notification was, thus, patently illegal - However, the vacancies of the Members were already filled - Appellant had also not impleaded any person who had been appointed in H 460 J.S. YADAV v. STATE OF U.P. & ANR. 461 his place as a Member of the Commission - In the light of A that the public exchequer cannot be burdened with the liability to pay the salary of two persons against one sanctioned post - Therefore, appellant is not granted any other relief except the declaration in his favour that the impugned Notification is illegal - However, in the peculiar facts and circumstances B of the case, the appellant is awarded cost to the tune of Rs. 1 lakh - Constitution of India, 1950 - Article 236(a) - Costs. Protection of Human Rights (Amendment) Act, 2006: The amendment would apply prospectively, particularly in view of C the fact that the Amendment Act 2006 does not expressly or by necessary implication gives retrospective effect to the Amendment Act - Prospective effect. UP. Higher Judicial Service Rules 1975: r.4 - Post of District Judge and Additional District Judge in the State of D UP. is neither inter-changeable nor inter-transferable. Service law: Appointment - Tenure appointment - Held: An employee appointed for a fixed period under the Statute is entitled to continue till the expiry of the tenure and in such E a case there can be no occasion to pass the order of superannuation for the reason that the tenure comes to an end automatically by afflux of time. Repeal: Accrued rights cannot be taken away by repealing the statutory provisions arbitrarily. F Party: Necessary party - lmpleadment of - Held: No order can be passed behind the back of a person adversely affecting him and such an order if passed, is liable to be ignored being not binding on such a party as the same has G been passed in violation of the principles of natural justice - The principles enshrined in the proviso to Order I Rule 9, CPC provide that impleadment of a necessary parly is mandatory and in case of non-joinder of necessary parly, the plaintiff/ H 462 SUPREME COURT REPORTS [2011] 5 S.C.R. A petitioner may not be entitled for the relief sought by him - In service jurisprudence, if an unsuccessful candidate challenges the selection process, he is bound to implead at least some of the successful candidates in representative capacity - In case the services of a person is terminated and s another person is appointed at his place, in order to get relief, the person appointed at his place is the necessary party for the reason that even if the plaintiff/petitioner succeeds, it may not be possible for the Court to issue direction to accommodate the petitioner without removing the person who c filled up the post manned by plaintiff/petitioner - Service law - Code of Civil Procedure, 1908 - 0. 1 r. 9. Words and phrases: cadre, 'Tenure', 'Justifiable grounds', 'vest' - Meaning of D The appellant entered the U.P. Judicial Service as Munsif in the year 1972 and was promoted to the post of Additional District Judge in the year 1985 and further promoted to the post of District Judge w.e.f. 14.·1,2003. While working as a Principal Secretary and Legal E Remembrancer, Government of U.P., he was appointed as a Member of the U.P. State Human Rights Commission on 29.6.2006 for a period of five years i.e. till 30.6.2011. He joined on the said post on 1.7.2006. Sections 21, 23, 25 and 26 of the Protection of Human Rights Act, 1993 F were amended by the Protection of Human Rights (Amendment) Act, 2006. The said amendment came into force on 23.11.2006. After completion of the tenure by the then Chairperson of the Commission and other Members in October 2007, the appellant remained the lone working Member of the Commission. The State of U.P. issued G Notification to the effect that the appellant ceased to hold the office as a Member of the Commission. The appellant challenged the said Notification dated 28.5.2008 by filing writ petition mainly on the grounds that he had been appointed for a tenure of five years and that period could H J.S. YADAV v. STATE OF U.P. & ANR. 463 not be curtailed and the Amendment Act 2006 could not A take away the accrued rights of the appellant as he had been appointed prior to the said amendment. In the writ petition, the appellant did not implead anyone except the State of U.P. and its Principal Home Secretary as respondents. However, the vacancies on the post of the B Chairperson as well as of the Members of the Commission were filled up on 6.6.2008 and, in view thereof, no interim order was passed by the High Court. The High Court dismissed the writ petition. In the instant appeal, it was contended for the C appellant that the experience of Additional District Judge can also be taken into consideration as that of a District Judge and, therefore, the appellant possessed the eligibility even under the amended provisions and thus, was not liable to be dislodged and that in view of the D language of Rule 4 of the U.P. Higher Judicial Service Rules 1975, there was a single cadre comprising the posts of District and Sessions Judges and Additional District and Sessions Judges and there was no basic difference between the said two posts and the State E could not issue the Notification making a declaration that the appellant ceased to be the member of the Commission and take away the accrued rights of the appellant. Partly allowing the appeal, the Court HELD: 1. A cadre generally denotes a strength of a service or a part of service sanctioned as a separate unit. F It also includes sanctioned strength with reference to grades in a particular service. Cadre may also include G temporary, supernumerary and shadow posts created in different grades. The expression :•cadre", "posts" and "service" cannot be equated with each other. There is no prohibition in law to have two or more separate grades H 464 SUPREME COURT REPORTS [2011] 5 S.C.R. A in the same cadre based on an intelligible differentia. Admittedly, the post of District Judge and Additional District Judge in the State of U.P. is neither interchangeable nor inter-transferable. Rule 4 of the U.P. Higher Judicial Service Rules 1975 merely provided for B an integrated cadre for the said posts. Same is the position so far as the provisions of Article 236(a) of the Constitution of India are concerned. The said Article relates to the procedure of appointment on the post of the District Judge and other Civil Judicial posts inferior c to the post of District Judge. The definition in Article 236 covers the higher section of the State Judicial Service both in the civil and criminal sides. In such a factsituation, there is no cogent reason to take a view contrary to the same for the reason that in case the 0 Legislature in its wisdom has prescribed a minimum experience of seven years as District Judge knowing it fully well the existing statutory and constitutional provisions, it does not require to be interpreted ignoring the legislative intent. Clear statutory provision in such a case is required to be literally construed by considering E the legislative policy. Thus, no fault can be found with the impugned judgment and order of the High Court on this count. [Paras 10, 11, 12] [478-H; 479-A-G] Union of India v. Push pa Rani & Ors., 2008 (11) F SCR 440: (2008) 9 SCC 242; State of Kamataka & Ors. v. K. Govindappa & Anr. 2008 (16) SCR 457: AIR 2009 SC 618; All India Judges' Association v. Union of India & Ors. 1991 (2) Suppl. SCR 206: AIR 1992 SC 165 - relied on. 2.1. The appellant had joined as a member of the G Commission on 29.6.2006 under the Act 1993. Section 26 of the Protection of Human Rights Act, 1993 specifically provided that neither the salary and allowances nor other terms and conditions of service of a member shall be varied to his dis-advantage after his appointment. As the H J.S. YADAV v. STATE OF U.P. & ANR. 465 appellant was fully eligible and competent to be A appointed under the Act 1993 and he had duly been appointed and worked for about 2 years including the period after the commencement of the Amendment Act 2006, the declaration that he ceased to hold the post as a Member of the Commission, was in flagrant violation of B the statutory provisions contained in Section 26 of the_Act 1993 itself. [Para 14] [480-B-D] -- - Dr. D.C. Saxena v. State of Haryana & Ors. 1987 (3) SCR 346:AIR1987 SC 1463 - relied on. c 2.2. An employee appointed for a fixed period under the Statute is entitled to continue till the expiry of the tenure and in such a case there can be no occasion to pass the order of superannuation for the reason that the tenure comes to an end automatically by afflux of time. D 'Tenure' means a term during which the office is held. It is a condition of holding the office. Once a person is appointed to a tenure post, his appointment to the said post begins when he joins and when it comes to an end on the completion of tenure unless curtailed on justifiable grounds. Such a person does not superannuate. He only comes out of the office on completion of his tenure. Justifiable grounds means grounds of incurring any disqualification while holding the post i.e. the grounds incorporated in Section 23 of the Act 1993. The dictionary meaning to the said expression would be "done on adequate reasons sufficiently supported by credible evidence, when weighed by unprejudiced mind, guided by common· sense and by correct rules of law. [Paras 17 to 19] [480-G-H; 481-A-G] Dr. L.P. Agarwal v. Union of India & Ors. 1992 (3) SCR 567: AIR 1992 SC 1872; State of U.P. & Anr. v. Dr. S.K. Sinha & Ors. 1994 (6) Suppl. SCR 283: AIR 1995 SC 768; P. Venugopal v. Union of India 2008 (8) SCR 1: (2008) 5 SCC E F G H 466 SUPREME COURT REPORTS [2011] 5 S.C.R. A 1; Raj Kapoor v. Laxman 1980 (2) SCR 512: AIR 1980 SC 605 - relied on. 3.1. The word -~'vest" is normally used where an immediate fixed right in present or future enjoyment in 8 respect of a property is created. With the long usage the ·said word "vest" has also acquired a meaning as "an absolute or indefeasible right". It had a "legitimate" or "settled expectation" to obtain right to enjoy the property etc. Such "settled expectation" can be rendered impossible of fulfilment due to change in law by the C Legislature. Besides this, such a "settled expectation" or the so-called "vested right" cannot be countenanced against public interest and convenience which are sought to be served by amendment of the law. Thus, "vested right" is a right independent of any contingency. D Such a right can arise from a contract, statute or by operation of law. Thus, "vested right" is a right independent of any contingency. Such a right can arise from a contract, statute or by operation of law. A vested right can be taken away only if the law specifically or by E necessary implication provide for such a course. (Paras 20, 21, 22] (481-H; 482-D-G] Howrah Municipal Corpn. & Ors. v. Ganges Rope Co. Ltd. & Ors. (2004) 1 SCC 663; Mosammat Bibi Sayeeda & Ors. F etc. v. State of Bihar & Ors. etc. 1996 (1) Suppl. SCR 799: AIR 1996 SC 1936 - relied on. G H Black's Law Dictionary (6th Edition); Webster's ComprehensiveDictionary (International Edition) - referred to. 3.2. The appellant was appointed under the provisions of the Act 1993 which did not require seven years' experience as a District Judge. In the instant case, the Amendment Act 2006 came into force on 23.11.2006. J.S. YADAV v. STATE OF U.P. & ANR. 467 The State of U.P. did not take any step for discontinuation A of the appellant upto May 2008 on the ground that he did not possess the eligibility as per the Amendment Act 2006. The Legislature is competent to unilaterally alter the service conditions of the employee and that can be done with retrospective effect also, but the intention of the B Legislature to apply the amended provisions with retrospective effect must be evident from the Amendment Act itself expressly or by necessary implication. The said power of the Legislature is qualified further that such a unilateral alteration of service conditions should be in c conformity with legal and constitutional provisions. In the instant case, the Amendment Act 2006 is not under challenge. However, the issue agitated by the appellant was that the Legislature never intended to apply the amended provisions with retrospective effect and 0 therefore, the appellant could not be discontinued from the post [Paras 23, 24, 26) [482-H; 483-A-C-H; 484-A] 3.3. Accrued rights cannot be taken away by repeating the statutory provisions arbitrarily. More so, the repeating law must provide for taking away such rights, E expressly or by necessary implication. [Para 29) [486-A] Roshan Lal Tandon v. Union of India & Ors. AIR 1967 SC 1889: 1968 SCR 185; State of Mysore v. Krishna Murthy & Ors. AIR 1973 SC 1146: 1973 (2) SCR 575; Raj Kumar F v. Union of India & Ors. AIR 1975 SC 1116: 1975 (3) SCR 963; Ex-Capt. K.C. Arora & Anr. v. State of Haryana & Ors. (1984) 3 SCC 281: 1984 (3) SCR 623 ; State of Gujarat & Anr. v. Raman Lal Keshav Lal Soni & Ors. AIR 1984 SC 161: 1983 ( 2 ) SCR 287 ; Union of India & Ors. v. Tushar Ranjan G Mohanty & Ors. (1994)· 5 SCC 450: 1994 (1) Suppl. SCR 651; P;O. Aggarwal & Ors. v. State of U.P. & Ors. AIR 1987 SC 1676: 1987 (3) SCR 427; State of Punjab v. Mohar Singh Pratap Singh AIR 1955 SC 84: 1955 SCR 893; M.S. Shivananda v. The Karnataka State Road Transport Corpn. H 468 SUPREME COURT REPORTS [2011] 5 S.C.R. A & Ors. AIR 1980 SC 77: 1980 (1) SCR 684; Commissioner of Income Tax UP. v. Mis. Shah Sadiq & Sons AIR 1987 SC 1217: 1987 (2) SCR 942; Vishwant Kumar v. Madan Lal Sharma & Anr. AIR 2004. SC 1887: 2007 (13) SCR 804; State of Punjab & Ors. v. Bhajan Kaur & Ors. AIR 2008 SC 2276; B Sangam Spinners v. Regional Provident Fund Commissioner I AIR 2008 SC 739: 2007 (12) SCR 883; Chairman, Railway Board & Ors. v. C.R.Rangadhamaiah & Ors. AIR 1997 SC 3828: 1997 (3) Suppl. SCR 63 - relied on. c 3.4. There is no specific word in the Amendment Act 2006 to suggest its retrospective applicability. Rather the positive provisions of Section 1 suggests to the contrary. Undoubtedly, the amended provisions came into force on 23.11.2006 by S.O. 2002 (E), dated 23.11.2006, published D in the Gazette of India, Extra Pt.II, Section 3(ii) dated 23.11.2006. In fact, date 23.11.2006 is the pointer and put the matter beyond doubt. Thus, in view of that the Notification dated 28.5.2008 is patently illegal. [Paras 30, 31] [486-8-E] E 4. No order can be passed behind the back of a person adversely affecting him and such an order if passed, is liable to be ignored being not binding on such a party as the same has been passed in violation of the F principles of natural justice. The principles enshrined in the proviso to Order I Rule 9, of the Code of Civil Procedure, 1908 provide that impleadment of a necessary party is mandatory and in case of non-joinder of necessary party, the plaintiff/petitioner may not be entitled G for the relief sought by him. The litigant has to ensure that the necessary party is before the Court, be it a plaintiff or a defendant, otherwise the proceedings will have to fail. In Service Jurisprudence if an unsuccessful candidate challenges the selection process, he is bound H to implead at least some of the successful candidates in J.S. YADAV v. STATE OF U.P. & ANR. 469 representative capacity. In case the services of a person A is terminated and another person is appointed at his place, in order to get relief, the person appointed at his place is the necessary party for the reason that even if the plaintiff/petitioner succeeds, it may not be possible for the Court to issue direction to accommodate the B petitioner without removing the .person who filled up the post manned by plaintiff/petitioner. More so, the public exchequer cannot be burdened with the ,liability to pay the salary of two persons against one sanctioned post. The appellant did not implead any person who had been c appointed in his place as a Member of the Commission. More so, he made it clear before the High Court that his cause would be vindicated if the Court made a declaration that he had illegally been dislodged/restrained to continue as a Member of the Commission. In view of the 0 above, he cannot be entitled for any other relief except the declaration in his favour which had been made hereinabove that the impugned Notification dated 28.5.2008 is illegal. However, in the peculiar facts and circumstances of the case, the appellant is entitled for E cost to the tune of Rs. 1 lakh which the respondents must pay within a period of two months: from today. [Paras 32, 33 and 34] [486-F-H; 487-A-G] Prabodh Verma & Ors. etc. etc. v. State of U.P. & Ors. etc. AIR 1985 SC 167: 2003 (6) Suppl. SCR 1212; /shwar F Singh & Ors. v. Ku/dip Singh & Ors. 1995 (supp) 1 SCC 179; Tridip Kumar Dingal & Ors. v. State of West Bengal & Ors. (2009) 1 SCC 768: 2008 (15) SCR 194; State of Assam v Union of India & Ors. (2010) 10 SCC 408: 2010 (12) SCR 413 ; Public Service Commission, Uttaranchal v. Mamta Bisht & G Ors. AIR 2010 SC 2613: 2010 (7) SCR 289 - relied on. Case Law Reference: (2008) 11 SCR 440 relied on Para .10 H 470 SUPREME COURT REPORTS [2011] 5 S.C.R. A 2008 16 SCR 457 relied on Para 10 1991 2 Suppl. SCR 206 relied on Para 11 1987 3 SCR 346 relied on Para 15 B 1992 3 SCR 567 relied on Para 17 1994 6 Suppl. SCR 283 relied on Para 17 (2008) 8 SCR 1 relied on Para 18 1980 2 SCR 512 relied on Para 19 c AIR 1996 SC 1936 relied on Para 20 c2004) 1 sec 663 relied on Para 21 1968 SCR 185 relied on Para 24 D 1973 (2) SCR 575 relied on Para 24 1975 (3) SCR 963 relied on Para 24 1984 (3) SCR 623 relied on Para 24 E 1983 (2) SCR 287 relied on Para 24 1994 (1) Suppl. SCR 651 relied on Para 25 1987 (3) SCR 427 relied on Para 25 1955 SCR 893 relied on Para 26 F 1980 (1) SCR 684 relied on Para 26 1987 (2) SCR 942 relied on Para 26 2007 (13) SCR 804 relied on Para 26 G 2007 (12) SCR 883 relied on Para 27 1997 (3) Suppl. SCR 63 relied on Para 28 1997 (3) Suppl. SCR 63 relied on Para 29 H J.S. YADAV v. STATE OF U.P. & ANR. 471 2003 (6) Suppl. SCR 1212 relied on Para 32 1995 (supp) 1 sec 179 relied on Para 32 2008 (15) SCR 194 relied on Para 32 2010 (12) SCR413 relied on Para 32 2010 (7) SCR 289 relied on Para 32 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3299 of 2011. A B From the Judgment and Order dated 21.04.2009 of the C High Court of Judicature at Allahabad in CMWP No. 27315 of 2008. V. Shekhar, Jatin Rajput, Vinamra and Shilpa Singh for the Appellant. D Pramod Swarup, Ameet Singh, S.K. Dwivedi, Manoj Kr. Dwivedi, Pareena Swarup and Gunnam Venkateswara Rao for the Respondents. The Judgment of the Court was delivered by DR. B.S. CHAUHAN, J. 1. Leave granted. E 2. This appeal is focused animadverting upon the judgment and order dated 21.4.2009 passed by the High Court of Judicature at Allahabad in Civil Misc. Writ Petition No. 27315 F of 2008, by which the High Court dismissed the writ petition filed by the appellant, challenging the Notification dated 28.5.2008, by which on the date of reconstitution of the U.P. State Human Rights Commission (hereinafter referred to as 'Commission'), the appellant was declared to have ceased to G hold the office as a Member of the said Commission. 3. Compendiously' and concisely, the relevant facts necessary and germane to the disposal of this appeal run as under: H 472 SUPREME COURT REPORTS [2011) 5 S.C.R. A (A) Appellant entered the U.P. Judicial Services as Munsiff in the year 1972 and was promoted to the post of Additional District Judge in the year 1985 and further promoted to the post of District Judge w.e.f. 14.1.2003. 8 (B) The appellant while working as a Principal Secretary and Legal Remembrancer, Government of U.P., was appointed as a Member of the Commission on 29.6.2006 for a period of five years i.e. till 30.6.2011. The appellant joined on the said post on 1.7.2006. C (C) Sections 21, 23, 25 and 26 of The Protection of Human D Rights Act, 1993 (hereinafter called 'the Act 1993'), stood amended vide The Protection of Human Rights (Amendment) Act, 2006 (hereinafter referred to 'Amendment Act 2006'). The said amendment came into force on 23.11.2006. (D) After completion of the tenure by the then Chairperson of the Commission and other Members in October 2007, the appellant remained the lone working Member of the Commission. The State of U.P. issued Notification dated E 28.5.2008 to the effect that appellant ceased to hold the office as a Member of the Commission. (E) The appellant challenged the said Notification dated 28.5.2008 by filing Writ Petition No. 27315 of 2008, mainly on the grounds that he had been appointed for a tenure of five F years and that period could not be curtailed. The amendment Act 2006 could not take away the accrued rights of the appellant as he had been appointed prior to the said amendment. (F) The appellant did not implead anyone except the State G of U .P. and its Principal Home Secretary as respondents in the said writ petition. However, the vacancies on the post of the Chairperson as well as of the Members of the Commission were filled up on 6.6.2008 and, in view thereof, no interim order could be passed by the High Court. H J.S. YADAV v. STATE OF U.P. & ANR. 473 [DR. B.S. CHAUHAN, J.] (G) The High Court dismissed the writ petition vide A impugned judgment and order dated 21.4.2009. Hence, this appeal. 4. Shri V. Shekhar, learned senior counsel with Ms. Shilpa Singh, appearing for the appellant, has submitted that as the 8 appellant was holding the tenure post for a period of five years, he was entitled to continue till 30.6.2011; the Amendment Act 2006 could not be applied retrospectively and it could not curtail the tenure of the persons who had been appointed and continuing as a Chairperson/Member of the Commission prior C to the commencement of the amended provisions in force. Appointments subsequent to 22.11.2006, could be made as per the provisions of the Amendment Act 2006. Even otherwise, the appellant fulfilled the eligibility of having seven years experience as a District Judge required under the Amendment Act 2006, in view of the fact that the U.P. Higher Judicial D Service Rules, 1975 (hereinafter referred to as 'the Rules 1975'), clearly provided that there would be a single cadre comprising the posts of District and Sessions Judges and Additional District and Sessions Judges. M