BINDESHWARI RAM versus STATE OF BIHAR & ORS.

BINDESHWARI RAM versus STATE OF BIHAR & ORS.

The inter-se seniority among Assistant Conservators of Forest appointed by promotion is determined by their seniority as Rangers under Rule 35(iii) of the Bihar Forest Service Rules, 1953; executive instructions or cabinet memoranda cannot override statutory rules.

Parties
Appellant: Bindeshwari Ram; Respondents: State of Bihar & Ors.
Jurisdiction
India
Judgment Date
19 September 1989
Procedural Posture
Civil Appeal / Final Disposition on Appeal (special Leave)
Outcome
appeal dismissed
Legal Topics
Seniority, Statutory Rules, Executive Instructions, Promotion, Direct Recruitment, Bihar Forest Service Rules, 1953
Service Law Administrative Law Seniority Statutory Rules Executive Instructions Promotion Direct Recruitment Bihar Forest Service Rules, 1953

Case Brief

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Parties

Bindeshwari Ram

Appellant

State of Bihar & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Disposition on Appeal (special Leave)

Legal Issues

  1. 1 How should inter-se seniority among Assistant Conservators of Forest be determined under Rule 35 of the Bihar Forest Service Rules, 1953?
  2. 2 Can executive instructions modify or alter statutory rules regarding seniority?

Ratio Decidendi

The inter-se seniority among Assistant Conservators of Forest appointed by promotion is determined by their seniority as Rangers under Rule 35(iii) of the Bihar Forest Service Rules, 1953; executive instructions or cabinet memoranda cannot override statutory rules.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed. No order as to costs.