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1 - 10 of 17 (0.23 seconds)Sant Ram Sharma vs State Of Rajasthan & Anr on 7 August, 1967
held by this Court that even where Rules
under the proviso to Article 309 are made,
the Government can issue
orders/instructions with respect to matters
upon which the Rules are silent. (See Sant
Ram Sharma v. State of Rajasthan). This
view has been reiterated in a recent decision
of this Court in Comptroller and Auditer-
Kerala Samsthana Chethu Thozhilali ... vs State Of Kerala & Ors on 24 March, 2006
State Of Kerala & Ors vs Unni & Anr on 1 December, 2006
Union Of India And Another vs Central Electrical & Mechanical ... on 1 November, 2007
23. Recently in Union of India v Central
Electrical & Mechanical Engg Service (CE &
MES Group 'A' (Direct Recruits) Assn., CPWD
this Court held (SCC p. 358, para-10)
"10. It is now a well-settled principle of
law that an executive order must be
passed in conformity with the rules. Power
of the State Government to issue executive
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instructions is confined to filling up of the
gaps or covering the area which otherwise
has not been covered by the existing
Rules.
D.D.A. And Ors vs Joginder S. Monga And Ors on 12 December, 2003
relevant time, hence in the apposite notification, and
when the writ petitioner, initially, meted acquiescing(s)
thereto, inasmuch as, in contemporaniety, qua his
becoming promoted, to the post of Clerk, from his hitherto
post, of, Peon, hence he becomes estopped to cast any
valid challenge thereto. Moreover, despite immense time,
elapsing since the making, of, the notification, of, 1991,
upto, the occurrence, of, a vacancy, against the
promotional post, of, Senior Assistant, yet the petitioner
being indolent, in improving his educational qualification,
hence he is to be construed to abandon, his claims, to, the
promotional post, of, Senior Assistant. Significantly, since
the post, of, Senior Assistant, does, necessarily,
encumber(s), upon the incumbent, to, shoulder more
responsibility(ies) than that, of, a Clerk(s), and, also when
concomitantly, the holder thereof, is, enjoined to possess
all the skill(s) and acumen(s), skill(s) whereof, can become
acquired only through his possessing befitting thereto
higher educational qualification, than the one
appertaining to the lower thereto post(s), whereas, his
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being slothful, in, making acquisitions thereof. (v)
Thereupon he cannot make any befitting reliance, upon,
the judgment(s) supra.
Ramana Dayaram Shetty vs The International Airport Authority Of ... on 4 May, 1979
24. The power of the Central Government to
issue directions as contained in Section 111 of
the 1963 Act cannot be stretched to amend the
Regulations. Power must be exercised by the
Central Government only in regard to the
administration of the Trust. Such a power to
issue direction must be construed strictly. (See
Ramana Dayaram Shetty v. International Airport
Authority of India, Harjit Singh v. State of
Punjab, Ashoka Smokeless Coal India (p) Ltd. V.
Union of India and Poonam Verma v DDA)
Harjit Singh And Ors. vs State Of Punjab on 16 August, 2002
24. The power of the Central Government to
issue directions as contained in Section 111 of
the 1963 Act cannot be stretched to amend the
Regulations. Power must be exercised by the
Central Government only in regard to the
administration of the Trust. Such a power to
issue direction must be construed strictly. (See
Ramana Dayaram Shetty v. International Airport
Authority of India, Harjit Singh v. State of
Punjab, Ashoka Smokeless Coal India (p) Ltd. V.
Union of India and Poonam Verma v DDA)
M/S Ashoka Smokeless Coal Ind. P. Ltd. & ... vs Union Of India & Ors on 1 December, 2006
24. The power of the Central Government to
issue directions as contained in Section 111 of
the 1963 Act cannot be stretched to amend the
Regulations. Power must be exercised by the
Central Government only in regard to the
administration of the Trust. Such a power to
issue direction must be construed strictly. (See
Ramana Dayaram Shetty v. International Airport
Authority of India, Harjit Singh v. State of
Punjab, Ashoka Smokeless Coal India (p) Ltd. V.
Union of India and Poonam Verma v DDA)
Poonam Verma & Ors vs Delhi Development Authority on 13 December, 2007
24. The power of the Central Government to
issue directions as contained in Section 111 of
the 1963 Act cannot be stretched to amend the
Regulations. Power must be exercised by the
Central Government only in regard to the
administration of the Trust. Such a power to
issue direction must be construed strictly. (See
Ramana Dayaram Shetty v. International Airport
Authority of India, Harjit Singh v. State of
Punjab, Ashoka Smokeless Coal India (p) Ltd. V.
Union of India and Poonam Verma v DDA)