Supreme Court of India · 1991-03-14
EX. CAPT. K. BALASUBRAMANIAN ETC. vs STATE OF TAMIL NADU AND ANR. ETC.
- Citation / case number
- SC 1986/69938
- Court
- Supreme Court of India
- Petitioner
- EX. CAPT. K. BALASUBRAMANIAN ETC.
- Respondent
- STATE OF TAMIL NADU AND ANR. ETC.
- Author
- S.C. AGRAWAL
- Bench
- S.C. AGRAWAL
Judgment text excerpt
The Supreme Court held that while the Government cannot amend statutory rules through administrative instructions, it can fill gaps in existing rules if they are silent on specific matters. The Court found that the Tamil Nadu state and Subordinate Service Rules explicitly provided for seniority to be fixed based on the date of appointment, and the earlier orders attempting to alter this principle for certain officers were inconsistent with the statutory rules. Consequently, the Court dismissed the appeals, affirming the High Court's decision that the petitioners had acquired rights regarding seniority and should have been afforded an opportunity to be heard before any changes were made.