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Rajvendra And Ors. vs State Of Rajasthan And Ors. on 20 November, 1990 cites

Ram Sukh And Ors. vs State Of Rajasthan And Ors. on 26 September, 1989

9. But in spite of that various Panchayat Samitis are still not following the instructions issued by the Stale Government and drawing these poor teachers to further litigation. The judgment in Chanda Tamboli's case (supra) has already been upheld by their Lordships of the Hon 'ble Supreme Court in Ram Sukh and Ors. v. State of Rajasthan and Ors. and the observations made in Chanda Tamboli's case have been quoted with approval, which reads as under:
Supreme Court of India Cites 2 - Cited by 46 - K J Shetty - Full Document

Sant Ram Sharma vs State Of Rajasthan & Anr on 7 August, 1967

The office memorandum dated December 7, 1961 which purports to amend the United Provinces Service of Engineers (Buildings and Roads Branch) Class II Rules, 1936 in our opinion cannot override, amend or supersede statutory rules. This memorandum is nothing but an administrative order or instruction and as such it cannot amend or supersede the statutory rules by adding something therein as has been observed by this Court in Sant Ram Sharma v. State of Rajasthan . Moreover, the benefits that have been conferred on the temporary Assistant Engineers who have become members of the service after being selected by the Public Service Commission in accordance with the service rules are entitled to have their seniority reckoned in accordance with the provisions of Rule 23 as it was then, from the date of their becoming member of the service, and this cannot be taken away by giving retrospective effect to the rules of 1969 and 1971 as it is arbitrary, irrational and not reasonable.
Supreme Court of India Cites 7 - Cited by 592 - V Ramaswami - Full Document

State Of Rajasthan vs Ram Pratap And 29 Ors. on 18 February, 1987

25. Mr. Dave has also invited my attention to the observations made by a Division Bench of this Court in State of Rajasthan v. Ram Pratap etc. etc. 1988 (2) RLR 186. In this case, after reviewing the provisions of the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 it was observed that the State Government has a plenary power. But the question before me is that whether in exercise of such a power can the State Government override the statutory provisions of the Act and the Rules by issuing orders like 7.3.1990 and 14.9.1990. The answer is in negative. Once the State Government framed the Rules Under Section 79 of the Act of 1959 the power of the State Government has already been exhausted in view of the framing of the Rules of 1959. Subsequently, they cannot issue administrative or executive instructions. If the State Government wants to change the procedure of selection all over Rajasthan in the matter of appointment to the posts of primary school teachers in the Panchayat Samities then the only course open to it is to amend the Rules of 1959 accordingly. But by no stretch of imagination such kind of administrative or executive instructions cannot take the place of the statutory rules and put the statutory rules on functional. The statutory bodies have been given power under the Rules and they have to act in exercise of their powers in accordance with the Rules of 1959.
Rajasthan High Court - Jaipur Cites 10 - Cited by 14 - J S Verma - Full Document
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