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september 1989

Supreme Court of India · 1989-09-19

BINDESHWARI RAM vs STATE OF BIHAR & ORS.

Citation / case number
SC 1989/72609
Court
Supreme Court of India
Petitioner
BINDESHWARI RAM
Respondent
STATE OF BIHAR & ORS.
Author
N.D. OJHA
Bench
N.D. OJHA

Judgment text excerpt

The Supreme Court held that Rule 35 of the Bihar Forest Service Rules, 1953 governs seniority among Assistant Conservators of Forest, emphasizing that seniority is determined by prior service as Rangers. The Court clarified that executive instructions cannot override statutory rules, and since respondents 7 to 12 were appointed as Rangers before the appellant, their seniority claim was dismissed. The appeal against the Patna High Court's dismissal of the writ petition was therefore rejected.

BINDESHWARI RAM vs STATE OF BIHAR & ORS. · Niyam