Supreme Court · 1989 INSC 237 · Decided 10 August 1989
Senior SUPDT. of Post Office & ORS. v. Izhar Hussain
- Court
- Supreme Court of India
- Citation
- 1989 INSC 237 · [1989] 3 S.C.R. 796
- Case number
- CIVIL APPEAL No. 1361/1974
- Decided
- 10 August 1989
- Bench
- RANGANATH MISRA, KULDIP SINGH (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 14, 16, 77(1)
Headnote
c D E f G Administrative Law: Statutory rule-Cannot be modified or amended by executive instructions constitutionally invalid rule cannot be validated by executive instructions-Instructions can only supple­ ment and not supplant the rule. \ . ·-·-- • J Fundamental Rules: 1960: Rule 2(2)-Compulsory retire­ ment-Permissible after 30 years qualifying service at 'discretion' of Government-No guide-line provided-Rule invalid. The respondent, and employee in the Posts and Telegraph Department, was retired from service under Rule 2(2) of the Libera­ lised Pension
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