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march 1997

Supreme Court of India · 1997-03-20

P.SADAGOPAN vs FOOD CORPN. OF INDIA

Citation / case number
SC 1983/64995
Court
Supreme Court of India
Petitioner
P.SADAGOPAN
Respondent
FOOD CORPN. OF INDIA
Author
S. SAGHIR AHMAD K. RAMASWAMY
Bench
S. SAGHIR AHMAD K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that executive instructions cannot override statutory Regulations, specifically Regulation 10 of the Staff Regulations, 1971, which mandates three years of experience as a pre-condition for promotion from Assistant Category I to Assistant Manager Category II. The Court found that the Division Bench of the Madras High Court erred in allowing the Board to relax this requirement and not consider all eligible candidates, including those from Scheduled Castes and Scheduled Tribes. The Court set aside the Division Bench's order and directed the authorities to determine promotions in accordance with statutory Regulations within six months.

P.SADAGOPAN vs FOOD CORPN. OF INDIA · Niyam