LexK.A. NAGAMANI versus INDIAN AIRLINES & ORS.
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[2009) 5 S.C.R. 89 ·\ A K.A. NAGAMANI v. INDIAN AIRLINES & ORS. (Civil Appeal No. 5314 of 2007) MARCH 27, 2009 B '• [LOKESHWAR SINGH PANTA AND B. SUDERSHAN REDDY, JJ.] Service Law: c Promotion - Recruitment & Promotion Rules - Whether statutory in nature or mere administrative instructions - Agreement/settlement arrived at between the Management and its officers' Association - Whether has the effect of protanto amending the Recruitment and Promotion Rules - D '.i Held: Mere description of rules of Administrative practice as 'rules' does not make them statutory Rules - The agreement! settlement are complimentary to each other and have to be read together - Also it has-the effect of protanto amending the Recruitment and Promotion Rules - The Air Corporations E Act, 1953 - Indian Airlines Corporation Employees Service Regulations, 1955 - Constitution of India, Articles 14, 16. " In this appeal against High Court's judgment, the issue that arose for consideration was whether the Recruitment & Promotion Rules in the Indian Airlines are F statutory in nature of mere administrative instructions. The appellant contended that promotion to the post of Deputy Manager (Maintenance/Systems) could not have been made based on the terms of the settlement G between Indian Airlines and its Officers' Association ,.., contrary to the Recruitment and Promotion Rules. .J Dismissing the appeal, the Court 89 H 90 SUPREME COURT REPORTS [2009) 5 S.C.R. A HELD: 1.1. The Recruitment and Promotion Rules were framed in e'xercise of the powers conferred under the Regulatiom;. There is no power vested in the Corporation to make any rules since Section 44 of the Air Corporations Act, 1953 confers power to make rules only B in the Central Government and not in the Corporation. The Corporation is enititled to make only regulations which it did and published by way of Notification dated 6th April, 1955. The Recruitment and Promotion Rules are not even notified in the Gazette as it is not required whereas the c service Regulatio1ns referred to herein above have been gazetted. The Indian Airlines Corporation Employees Service Regulatio1ns, 1955 which are made in exercise of the powers conforred upon the Corporation by the Air Corporations Act are undoubtedly statutory in nature but 0 the Recruitment •and Promotion Rules are not statutory in their nature. These Rules are not framed in exercise of any Rule Making Power. Mere administrative rules are not legislation of any kind. They are in the nature of statements of pe>licy and the practice of government E departments, statutory authorities, whether published or otherwise. Statu1tory rules, which are made under the provisions of any enactment and regulations, subject to Parliamentary approval stand on entirely different footing. The administrativ1e rules are always considered and have repeatedly been held to be rules of administrative practice F merely, not rules 1of law and not delegated legislation and they have no statutory force. Mere description of such n,iles of administrative practice as "rules" does not make them to be statutory rules. Such administrative rules can be modified, amended or consolidated by the authorities G \tithout following any particular procedure. There are no legal restrictions to do so as long as they do not offend the provisions of lthe Constitution or statutes or statutory rules as the case may be. (Para 12] (100-C-H; 101-A] H K.A. NAGAMANI v. INDIAN AIRLINES & ORS. 91 ·• • 1.2. In the present case the agreement/settlement A arrived at between the Management and its Officers' Association has the effect of protanto amending the Recruitment and Promotion Rules. The Rules and the agreement/settlement are complimentary to each other " and have to be read together. [Para 13) [101-8) B Sukhdev Singh vs. Bhagat Ram Sardar Singh Raghuvanshi AIR 1975 SC 1331; B.K. Srinivasan vs. State of Kamataka AIR 1987 SC 1059 and lnder Pradash Gupta vs. State of Jammu & Kashmir & Ors. (2004) 6 SCC 786, c relied on. 2. It cannot be said that the respondents could not have entered into agreement/settlement with the Indian Airlines Officers Association and decided to make promotions/appointments as per the said agreement D contrary to Recruitment and Promotion Rules. It is not unusual for the· Managements to consider the representation of its Officers' Association and arrive at a mutually agree
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