Statutory service rules prevail over executive instructions, denying seniority and promotion priority in Gazetted Class II posts.

Statutory service rules framed under Article 309 prevailed over earlier executive instructions governing seniority and promotion. The appellants' cadre was placed on a higher revised pay scale and treated as a separate promotional entity, while the respondents remained on a lower scale and were not included in the feeder category for Gazetted Class II posts. On that basis, the earlier executive arrangement could not confer seniority on the respondents or justify their placement above the appellants for promotion. The respondents were therefore not entitled to be treated as senior to the appellants or to secure promotion over them to Gazetted Class II posts.

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Issues: Whether the respondents could claim seniority and promotion to Gazetted Class II posts over the appellants despite the later statutory rules framed under Article 309 of the Constitution of India and the altered pay structure.

Analysis: The earlier executive instructions had to yield to the statutory rules made under the proviso to Article 309 of the Constitution of India. The appellants' cadre underwent a higher revision in pay and was treated as a separate entity for promotion purposes, while the respondents' scale remained lower and they were not included as a feeder category for Gazetted Class II promotion. In these circumstances, the respondents could not be treated as senior to the appellants for promotion or be placed above them on the basis of the earlier executive arrangement.

Conclusion: The respondents were not entitled to be considered senior to the appellants or to secure promotion over them to Gazetted Class II posts.

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