In the considered opinion of this court, petition deserves to succeed on point No. 3 putforth by Shri. M.S. Bhatti. This is trite law that by issuing executive instructions, statutory rules cannot be supplanted although same can be supplemented. Putting it differently, if the statutory rules recognize and approve that the Executive Engineer is the competent authority for grant of earned leave, the said power cannot be taken away by issuing the executive instructions. Since, earned leave in the present case is granted by the competent authority as per the schedule of the said rules, on executive fiat, the said power or benefit cannot be taken away. Resultantly, the impugned order dated 03.08.2016 cannot sustain judicial scrutiny.
In the High Court of Madhya Pradesh
(Before Sujoy Paul, J.)
Piyush Verma v. The State of Madhya Pradesh
WP-15531-2016
Decided on February 27, 2018
Citation:2018 SCC OnLine MP 116
