Published on: December 05, 2023 at 12:33 IST
Court: Honourable Supreme Court of India
Citation: P.D. Aggarwal V. State of U.P. (1987)
Honourable Supreme Court of India has held that an office order or office memorandum cannot contravene statutory rules. It is held that it is a settled proposition of law that an authority cannot issue orders / office memorandum / executive instructions in contravention of the statutory rules. However, instructions can be issued only to supplement the statutory rules but not to supplant it. It is held that instructions should be subservient to the statutory provisions and cannot countermand such provision.
20. The office memorandum dated 7-12-1961 which purports to amend the United Provinces Service of Engineers (Buildings and Roads Branch) Class II Rules, 1936 in our opinion cannot override, amend or supersede statutory rules. This memorandum is nothing but an administrative order or instruction and as such it cannot amend or supersede the statutory rules by adding something therein as has been observed by this Court in Sant Ram Sharma v. State of Rajasthan.
Moreover the benefits that have been conferred on the temporary Assistant Engineers who have become members of the service after being selected by the Public Service Commission in accordance with the service rules are entitled to have their seniority reckoned in accordance with the provisions of Rule 23 as it was then, from the date of their becoming member of the service, and this cannot be taken away by giving retrospective effect to the Rules of 1969 and 1971 as it is arbitrary, irrational and not reasonable.
Drafted By Abhijit Mishra
