M HARINDRANATH Vs. UNION OF INDIA

JUDGEMENT

(1.) The only question which arises for consideration in this writ petition filed by the petitioner herein feeling aggrieved by a judgment and order dated 24.3.1999 passed by the Central Administrative Tribunal, Hyderabad in O.A.No.1263 of 1997 is as to whether the guidelines provided for in office memorandum dated 18.3.1988 shall prevail over the statutory rules.

(2.) The petitioner filed the aforementioned application along with 14 other persons who were senior auditors under the 3rd respondent therein. The said application was taken up together with various other applications wherein a common prayer was made that the rules framed under Art. 309 of the Constitution of India by the Ministry of Finance dated 23.7.1971 and amendment made thereto on 18.6.1993 so far as the condition of passing of SAS examination in case of recruitment by promotion to the higher post of accountant now designated as Sec. Officer [for short 'SO(A)'] is illegal, arbitrary and unconstitutional and for a consequential direction to the respondents to consider the applicants therein for promotion to the post of SO(A) from the date of their eligibility. It appears that the Tribunal considered a similar question in O.A.No.145 of 1997 which was disposed of on 11.3.1999. Before the learned Tribunal apart from the contentions raised in the said O.A.No.145 of 1997 the following contentions were raised:

(3.) The learned Tribunal observed that for the said purposes the authorities might be approached by the applicants therein. It was held: