Service Rules – Cannot be altered by Government Orders

It is well settled that where the relevant Service Rules or the Rules governing the conditions of services provides for a particular thing, a simple Government Order is not sufficient to alter or modify the said thing or the Rules.

In Vijay Singh v. State of U.P., 2005 (2) AWC 1191 (FB), it was held in unequivocal terms that Statutory Rules cannot be set at naught by issuing executive instructions.

In Rajasthan State Industrial Development and Investment Corporation v. Subhash Sindhi Co-operative Housing Society, (2013) 5 SCC 427, it has been held that executive instructions which have no statutory force cannot override the law and any notice, circular, guidelines etc. which run contrary to the statutory laws cannot be enforced. Dr. Chandra Mohan Verma v. State of U.P., 2018 (128) ALR 384.

Leave a comment

Filed under Government Order, Uncategorized

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.