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march 1991

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.

EX. CAPT. K. BALASUBRAMANIAN ETC. vs STATE OF TAMIL NADU AND ANR. ETC. · Niyam