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M.G. Jain Co. vs Delhi Electric Supply Undertakings And ... on 13 May, 1991 cites

State Of Haryana Etc. Etc vs Shamsher Jang Bahadur Etc. Etc on 19 April, 1972

(28) The decision of the Supreme Court in the case of State of Punjab & Haryana v. Shamsher Jang (supra) referred to by Mr. Gupta, learned counsel for the petitioners, would not be relevant to the points involved in the present case. The facts is that case were that the promotion from the post of clerk to the post of assistant was governed by Punjab Civil Secretariat (State Service Class III) Rules, 1952 framed under Article 39 of the Constitution. There was no provision in the rules to qualify the written test for the said promotion. However, in June 1958. the Government issued administrative instructions providing for a qualifying test turn such promotions. The question under consideration in that case was whether the Government could add to the qualifications prescribed under the statutory rules for promotion by way of administrative instructions. The Supreme Court held that by adding to the qualifications already prescribed by the rules, the Government really has altered the existing conditions of service as those administrative instructions affect the promotions of concerned officials But in the present case the impugned administration of promotion of the petitioners and not the promotions, as stated hereinabove. The petitioners inspite of the impugned orders, still could be considered for promotion against the unreserved post.
Supreme Court of India Cites 4 - Cited by 73 - K S Hegde - Full Document
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