Statutory rule: will it be questioned after 25 years
BEHARA
(Querist) 06 August 2017
This query is : Resolved
Sir,
I am an employee in Education Department, Govt of Andhra Pradesh since from the year 1991. In the year 1994 a memo (executive instructions) was issued by the then Principal Secretary of Education to take up certain promotions to a post otherwise than in accordance with the existing rules of "AP state and subordinate service rules, 1996" (statutory rules) and the promotions were given to the persons who are not in the feeder category of posts by following the rule 10a(i) to that promotion posts. This procedure is continued upto 2004. In the year 2001 we have promoted to the feeder category of that post i.e., the post who have promoted earlier discussed by me, otherwise than in accordance with the existing statutory rules. And I have got eligibility to the promotion post in the year 2004. Actually as per the rule 10(d) of the AP STATE AND SUBORDINATE SERVICE RULES, 1996, I am the rightly eligible candidate to the post which were filled by the memo issued by the Principal Secretary and the rule 10(d) says that any person appointed otherwise than in accordance with the existing rule or who got promoted by 10a(i) must replaced by the candidate who is rightly eligible to that post as and when he appears in the seniority list. But our department was not initiated any step towards the implementation of the above statutory rule and still I was not promoted. In fact I came to know about the memo issued in the year 1994 by the Principal secretary very recently i.e. in the year 2016. My doubt is will it be questioned right now after 23 years of issued of the memo by Government. Please guide me properly Sir
Rajendra K Goyal
(Expert) 06 August 2017
Repeated query:
http://www.lawyersclubindia.com/experts/Improving-the-qualification-of-government-servant-650121.asp
BEHARA
(Querist) 06 August 2017
Sir, please go through the content. Both are different.
Dr J C Vashista
(Expert) 07 August 2017
You will appreciate the fact that experts responding to the queries of genuine litigants (on this platform) come from all over India whereas AP State Subordinate Service Rules 1996 has no application/jurisdiction beyond the territories of Andhra state.
Consult a local lawyer practicing service matters for better appreciation of facts, applicability of (local i.e., AP Education) laws, guidance and proceeding.
BEHARA
(Querist) 07 August 2017
Sir, Thanks for the reply. My case is also genuine Sir. Please advise me whether a statutory rule has life to question even after 25 years?
P. Venu
(Expert) 07 August 2017
It appears that you have inchoate ideas as to statutory rule vis-a-vis administrative instructions. Why don't you post simple facts devoid of subjective or ill-formed opinions? We may be able to offer some meaningful suggestion.
