RAM NARAYAN SONI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE instant Original Application filed under Section 19 of the Administrative Tribunals Act 1985 assails OM dated 04.02.2012 rejecting the representation of the applicant seeking promotion to the post of Senior Field Assistant (Fire Fighting) [hereinafter referred to as SFA (FF)].

(2.) THE applicant has sought the following relief(s) :-

(3.) THE main ground on which the applicant has based his case is right to be considered for promotion. He is not aggrieved with the power of the Government to abolish the posts. However, the fact stands that only two posts have been surrendered while 66 posts were abolished. He is seeking consideration against these posts. The second argument that he has placed is that the Service Rules, 1976 have not been amended and unless the Rules were to be repealed or amended, the said Rules continue to be in force. For this, the applicant has relied upon the case of Government of Pondicherry and Anr. Versus Ramakrishnan and Others [2005 (8) SCC 394] which provides that a rule does not become inoperative only because the UPSC says so and that a rule validly made even if it has become unworkable unless repealed or replaced by another rule or amended, continue to be in force. No Government order/notification/circular can substitute statutory rules framed with the authority of law. It is worth mentioning here that the Service Rules, 1976 have been framed under Article 309 of the Constitution of India.