HJGH COURTOF CHHATTISGARH AT BILASPUR ^5 D.B.: HON'BLE Mr. JUSTICE SUNIL KUMARSINHA& HON'BLE Mr. JUSTICE R.N. CHANDRAKAR WRIT APPEAL N0.342/2010 APPELLANTS 1 State of Chhattisgarh, Through Secretary, Forest Department, D.K.S. Bhawan, Raipur (C.G.) 2 The Conservator of Forest, Raipur Circle, Jail Road, Raipur (C.G.) 3 The Divisional Forest Officer, Territorial Division Dhamtari, District Dhamtari (C.G.) Versus RESPONDENT Shankar Singh Verma,S/o Shri Rikhan Singh Verma, Aged 40 years, Working as Forest Guard, Territorial Division Dhamtari, District Dhamtari (C.G.) WRIT APPEAL UNDER SECTION 2 OF THE CHHATTSSGARH HIGH COURT (APPEAL TO DIVISION BENCH) ACT. 2006 Appearance: Mr.A.S. Kachhwaha, Dy. Advocate General for the State/appellants. Mr. R.S. Patel, Counsel for the respondent. ORAL ORDER (02.02.2011) The fotlowing order of the Court was passed by Sunil Kumar Sinha. J. Heard on I.A. No.01, an application for condonation of deiay in filing the appeal. As perthe office report, the appeal is barred by 112 days of limitation. On due consideration of the submissions made by learned counsel for the parties and the grounds taken in the WRIT APPEAL N0.342/2010 2^ application, we are satisfied that the appellants have shown sufficient cause for not filing the appeal in time and the delay in filing the appeal deserves to be condoned. Accordingly, I.A. No.01 is allowed and the delay in filing the appeal is hereby condoned. Heard on admission. This writ appeal is directed against the order dated 21.04.2010 passed in W.P.(S) No.5503/2008 (Annexure A/1), whereby, the learned Single Judge allowing the writ petition of the respondent has quashed the impugned order dated 21.04.2008 passed by the Secretary, Forest, whereby, implementation of out of turn promotion under Rule 15(A)(1) of the Chhattisgarh Class II! (Non-Ministerial) Forest Service Recruitment Rules, 1967 (for short 'the Rules, 1967') has been stayed until further orders. Learned counsef for the appellants submits that the aforesaid order was issued by the State Government on the basis of unanimous report of the Committee constituted for the aforesaid purpose that the rule needs to be amended. He further submits that the tearned Single Judge was not justified in observing that the petitioner in the writ petition is entitled to consequential benefit flowing from the order in accordance with the Rules, 1967,as it virtually amounts to directing the State to grant promotion to the petitioner as per the Rules, 1967. On the other hand, learned counsej for the respondent submits that the executive order passed by the State Govemment is wholly erroneous, as the Secretary, Forest, could not have stayed the implementation of duly notified amended Rules, 1967. He submits that in a similar appeal i.e. W.A.No.302/2010, the impugned common order was considered and the appeal filed against this order has been dismissed by this Court. We have heard learned counsel for the parties and have also perused the relevant Rule 15-A (1) making provision for out ^^- WRIT APPEAL N0.342/2010 Z)T of turn promotion as well as the order dated 21 .04.2008 passed the Secretary, Forest. The learned Singte Judge relying upon various decisions of the Supreme Court has quashed the aforesaid executive order passed by the State Government with the following observation: The law is well settled that statutory amendments or statutory provisions cannot be stayed by an executive order or letter as has been done in the present case. Even the same cannot be done by the executive instructions if issued in a proper manner as provided under the Rules of Business. In the case on hand, the Secretary, it appears, have assumed the power of legisiature also in staying the duly notified amendment in the Rules, 1967. The same is illegal and unconstitutional. We are in entire agreement with the above reasoning of the learned Single Judge for quashing the order and find no substance in the appeal. The appeal deserves to be dismissed and is accordingly dismissed. Sd/- Sunil Kumar Sinha Judge Sd/- R.N. Chandrakar Judge