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P S Jaya sankar   18 December 2021

service law interpretation

sir,
May I know understandable meaning for legal term
" It is it trite that the executive instructions cannot limit the scope of the rule"
in the matter of service law.


Quick Summary
This discussion clarifies the legal principle that executive instructions cannot override established rules in service law. The user faced an issue where their employer denied child education allowance, citing an executive instruction during a period of reinstatement. The user argues that this instruction improperly limits their entitlement under the existing rules, especially since the intervening period was treated as duty.

 2 Replies

Sudhir Kumar, Advocate (Advocate)     20 December 2021

Please come to the problem faced inseead of setting question paper.

P S Jaya sankar   21 December 2021

Sir,, I was removed in 2018 and reinstated in June 2020 by treating intervening period as duty, but employer not giving child education allowance stating I was under removal period for which I climed child education allowance. dopt office memorandum 2017 States non eligibility only under dies-non. employer say it is executive instruction. according to me it is a rule and law are to be followed.
this is a subject on which my query sir

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