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TMI Blog2006 (9) TMI 624X X X X Extracts X X X X X X X X Extracts X X X X ..... to the post of Assistant Engineer on 29.3.2001. He made a representation for upgradation of his pay-scale to Rs. 10,000-325-15,200, with seniority, which was not granted, although similar benefits had been granted to Respondent Nos. 2 3. He filed a writ petition before the Delhi High Court. A learned Single Judge of the High Court by an order dated 13.8.2002, directed Respondent to consider his representation within a period of six months. The said representation was rejected by Respondent by an order dated 23.9.2002 stating that he was not entitled thereto. In support of the said order, attention of Appellant was drawn to the norms laid down for fixation of seniority as well as for step up of pay. 3. Thereafter, a writ petition was filed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Central Public Works Department, after consultation with the Union Public Service Commission on the basis of a limited Departmental Competitive Examination which shall be held in accordance with the rules to be made by the Central Government, after consultation with the Union Public Service Commission. It has further been contended that a resolution was adopted by the DDA to make a comparison of the proposed recruitment rules with those available in sister organisation like Central Public Works department, NDMC, MCD, etc. According to the learned Counsel, the Central Government has also amended the Central Electrical Engineering Service, Class II, Recruitment Rules, in terms whereof recruitment was to be made on the basis of a competi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ongress and Ors. (1991)ILLJ395SC 6. Mr. Ashwani Kumar, learned Counsel appearing for Respondent on the other hand, would submit that Respondent No. 1 being a statutory authority, the matters relating to recruitment and promotion of the employees are governed by the rules and regulations framed by it. Such rules and regulations having been framed by Respondent No. 1 and having been upheld by this Court in Roop Chand Adlakha (supra), it is not open to Appellant to question the validity thereof. It was pointed out that Appellant had been put in the pay-scale of Rs. 10,000-325-15,200 under the Assured Career Promotion Scheme with effect from 12.8.2000 (under the second upgradation) and in that view of the matter, CPWD Rules relied upon by him a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g, mining and other operations, to execute works in connection with supply of water and electricity, disposal of sewage and other services and amenities and generally to do anything necessary or expedient for purposes of such development and for purposes incidental thereto: Provided that save as provided in this Act, nothing contained in this Act shall be construed as authorising the disregard by the Authority of any law for the time being in force. The power to make regulations is envisaged in Section 57 which reads as under: (1) The Authority, with the previous approval of the Central Government, may, by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder to carry out the purposes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... framed in accordance with law, the earlier rules validly framed shall prevail. A statutory rule, it is trite, cannot be supplemented by an executive order. 10. The High Court has strongly relied upon a decision of this Court in Roop Chand Adlakha (supra). The questions raised before us had not been raised therein. This Court in that case proceeded on the basis that the rules and regulations have been validly made and published. The question furthermore even was not considered in the subsequent decision of this Court in DDA Graduate Engineers' Association (supra). 11. Having regard to the facts and circumstances of this case, we are of the opinion that it is a fit case where an opportunity should be given to Appellant to raise the conte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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