7. Appellant has relied upon the judgment rendered by the Delhi
High Court in C.W.P No. 7276 of 1999 and 417 of 2099 of 2000 in
the case of K.S. Mathew and others Vrs. Government of NCT,
Delhi and others in support of his submission that power to relax
should not be construed as meaning to ignore the legitimate claim of
qualified persons. He has also relied upon the case of J.C. Yadav
and others. Vs. State of Haryana and others reported in (1990) 2
SCC page 189 on the same point. Reliance is placed on the judgment
of the Apex Court in the case of M. Venkateswarlu and others vs.
Govt. of A.P. and others reported in (1996) 5 SCC 167 and also in
the case of State of Orissa and others Vs. Sukanti Mohapatra and
others reported in AIR 1993 SC 1650 in support of the submission
that power to relax is not intended to grant benefit to incumbents in a
manner which is inconsistent with the Rules.
7. Appellant has relied upon the judgment rendered by the Delhi
High Court in C.W.P No. 7276 of 1999 and 417 of 2099 of 2000 in
the case of K.S. Mathew and others Vrs. Government of NCT,
Delhi and others in support of his submission that power to relax
should not be construed as meaning to ignore the legitimate claim of
qualified persons. He has also relied upon the case of J.C. Yadav
and others. Vs. State of Haryana and others reported in (1990) 2
SCC page 189 on the same point. Reliance is placed on the judgment
of the Apex Court in the case of M. Venkateswarlu and others vs.
Govt. of A.P. and others reported in (1996) 5 SCC 167 and also in
the case of State of Orissa and others Vs. Sukanti Mohapatra and
others reported in AIR 1993 SC 1650 in support of the submission
that power to relax is not intended to grant benefit to incumbents in a
manner which is inconsistent with the Rules.
Appellant has also
referred to the judgment rendered by the Apex Court in the case of
Syed Khalid Rizvi and Ors. Vs. Union of India reported in (1993)
Supp 3 SCC 575 in support of his submissions.