B. S. Chauhan, J. - (1.) THE instant writ petition has been filed by the associa tion of employees of the Ministerial Staff of Collectorates of U.P. to enforce the Govern ment Order dated 26/31.12.1956, (hereinafter called the 1956 G.O.) con tained in Annexure 1 to the writ petition and particularly the benefit which has been given to the members of the petitioner-as sociation by Annexure 'S' to the said 1956 G.O., contained in Annexure 2 to the writ petition.
(2.) 1956 Government Order deals with the re-organisation of the collectorates and paragraph 20 of the said Government Order deals with the staff and provides that the orders concerning the staff have been given in Annexure 'S' to the said Government Order. Clause 5 of the said Annexure 'S' reads as under: "Clerks of Collectorates who are below 40 and have worked either as Amins, Nazirs, Naib Nazirs or as temporary Naib-Tehsildars will be eligible for promotion to the posts of Naib Tehsil dars and 10 per cent of the vacancies among Naib Tehsildars will be served for them." The benefit provided under Clause 5 of Annexure 'S' to 1956 G.O. had never been given to members of the petitioner- associa tion and none of them had ever been promoted as Naib- Tbhsildar under the said 1956 Government Order. In 1992 this issue was agitated and a questionnaire was issued by the competent authority vide order dated 7-3-92 contained in Annexure 3 to the writ petition asking whether the provisions of Clause 5 of An nexure 'S' to the 1956 G.O. had ever been implementated. In reply to the said ques tionnaire which was given on 29-3-92, Annexure 4 to the writ petition, it was pointed out that it had never been implementated and throughout the State of Uttar Pradesh not a single person of the ministerial staff of the collectorates had ever been promoted as Naib Tehsildar under 10% quota provided in the said 1956 G.O. The issue was further raised by putting a demand vide memoran dum dated 17-10-1993, Annexure 6 to the writ petition and this issue was again dis cussed by the competent authorities includ ing the Revenue Minister and Chief Mini ster of U. P. on 20-6-94, contained in An nexure 7 to the writ petition, but no positive steps were taken and no direction/order was issued. Again the petitioner-association made a representation on 10th September, 1996 contained in Annexure 8 to the writ petition and as the respondents have not taken any action on that the petitioner-as sociation preferred this writ petition.
(3.) THE grievance of the petitioner is that in spite of the 1956 G.O. the members of the petitioner- association have been deprived of their legitimate right of promo tion as 10% posts had been reserved for them. However, the grievance of the petitioner is to be examined in the light of the statutory provisions of Naib Tehsildar Service Rules, 1973 (hereinafter called 1973 Rules), which provides for the mode of fill ing up the vacancies of Naib- Tehsildars and the said 1973 Rules do not provide lor any reservation for the ministerial staff of the collectorates. It is settled law that the Executive Instructions or the Government Orders cannot override the statutory rules framed under Article 309 of the Constitution of India. At the most the Executive Instruc tions can fill up the gap in the statutory provisions, but cannot override any statutory enactment, vide Constitution Bench Judgment of the Supreme Court in SantRam Sharma v. State of Rajasthan, AIR 1967 SC 1910; Mis. Beopar Sahayak Private Ltd. v. Vishwa Nath and others, 1987 (3) SCC 693 and Ramender Singh and others v. Jag-dish Prasad, AIR 1984 SC 885.;