A. MANOHARAN AND ORS. versus UNION OF INDIA AND ORS.

Citation: [2008] 2 S.C.R. 916 · Decided: 14-02-2008 · Supreme Court of India · Bench: S.B. SINHA · Disposal: Case Allowed

Judgment (excerpt)

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[2008] 2 S.C.R. 916 
A 
A. MANOHARAN Af{JD ORS. 
. ,A. 
. v. 
. UNION OF INDIA AND ORS. 
(Civil Appeal Nos. 1273-1276 Of 2008) 
B 
FEBRUARY .14, 2008 
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[S.B.SINHA AND HARJIT SINGH BEDI, JJ.] 
. ,._ .... 
Service Law: 
c 
Major Port Trusts Act, 1963 - ss. 124, 111 and 47 H -
Madras Port Trust Employees (Appointment, Promotion et9.) 
Regulation 2000 - Regulation 5 - Appointment - Post of 
Executive engineer - By amendment in the Regulations, 
degree in civil engineering made necessary -
Claim of 
promotion to the post by Diploma Holders relying on the 
D recommendations by Central Government and direction 
sought for amendment in the Regulations - Granted by High 
·~ 
Court - Held: Not correct - Administrative act must yield to a 
statute - Regulation framed in terms of the statute must be 
amended in accordance with the procedures laid down under 
E the principal enactment :-- Statutory regulations were not 
amended by Gsntral Government -
Power of Central 
Go'vernment to issue directions as contained ins. 111 cannot 
be stretched to amend Regulations· - More so, Regulations 
amended would have only prospective effect - Statutory laws. 
F 
The Madras Port Trust Employees (Appointment, "' 
\ 
Promotion etc.) Regulations, 1977 was made under the 
Major Port Trusts Act, 1963. The Regulations were 
amended in the year 2000 and Regulation 5 provided that 
for the appointment to the post of Executive Engineer, 
G possession of a degree on Civil Engineering was 
1,1ecessary. As a result, restriction was placed on the 
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promotional prospects of the Diploma Holders in 
Engineering. Aggrieved employees file.d writ petition 
seeking direction upon the appropriate government/ 
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H 
916 
"
Iv 
'". ~. 
A. MANOHARAN AND ORS. v. UNION OF INDIA 
· 917 
AND ORS. 
authority to make amendments in the Regulations of 1963 A 
Act making provisions for granting opportunities for 
promotion to Diploma Engineers to the post of Executive 
Engineers in the ratio of 4:1. The relief was sought on the 
basis of the recommendations made by the Central 
Government. The Madras Port Trust constituted a B 
committee which made recommendations for grant of the 
benefit to the Diploma Holders. Union of India 
communicated to the Trust that a common seniority list 
was to be maintained for diploma holders and degree 
holders once the two streams merged for promotion to c 
higher cadres. Writ petition was accordingly amended. 
The Single Judge of High Court held that as Diploma 
Holders could be promoted to the post of Executive 
Engineer in terms of recommendations of Central . 
Government, it was not necessary to issue direction to 
amend the Regulations. Thereafter, Writ appeal was filed D 
and the same was allowed directing the respondent to 
promote Diploma Holders with retrospective effect on 
basis of common seniority. Thereafter, review application 
was filed on the ground that the educational qualification 
for holding post of Executive Engineers has been laid E 
down by the Regulations, and no action could be taken 
on basis of communication by the Central Government. 
Appellant no.1 and Degree Engineers Association filed writ 
petitions whereas some degree holders also filed review 
applications with an application for grant of leave. The 
F 
prayer of degree holders to file application for grant of 
leave to file review petition was rejected. The writ petitions 
were dismissed. Hence the present appeals. 
Allowing the appeal, the Court 
G 
HELD: Section 124 of the Major Port Trusts Act, 1963 
provides for approval of the regulations by the Central 
Government. It must be published in the gazettee. It also . 
provides for laying down the same before the Parliament. 
Breach of some regulations attracts penal provisi.0".1. 
H 
..... 
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918 
SUPREME, COURT REPORTS 
[2008] 2 S.C.R. 
)--
I. 
J 
A Power of the Central Government to direct any Board to 
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,,... 
make any regulations is confined to the. matters specified 
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in Section 28 or Section 76 or Section 123 or to amend 
any regulation within such period as the Central 
Government may specify in this behalf. No regulation 
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exi~ts enabling the Government to issue any direction in 
relation to regulation governing salaries ·and allowance 
payable to and other conditions of service of officers and 
. f· .,, 
employees of the authority. In the event such a direction · 
,.--
l 
is not followed, the Central Government may take recourse 
c only to the provisions of Sub-sectio

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