Variance in recommendations made by shetty commission and statutory rules-rules should be followed

Sasidhar Reddy Sura v. State of A.P., (2014) 2 SCC 158

 Service Law 
 Judiciary 
 Norms applicable - Post of District and Sessions Judge - Statutory rules vis--vis recommendations of Commission
(Justice Shetty Commission appointed by Supreme Court in the past) - Primacy of statutory rules - Held,
recommendations or suggestions not supported by rules, cannot be implemented - Where recommendations made by
Commission and statutory rules are at variance, recruitment rules should be followed
- On facts held, in absence of any
stipulation in the 2007 Rules with regard to minimum age of candidate to be selected to post in question,
recommendation of the Commission to the effect that only candidates who had completed 35 yrs of age would be
appointed as District and Sessions Judge insignificant - High Court erred in giving undue weightage to said
recommendations - Appellants directed to be appointed to post in question with effect from the date on which they ought
to have been appointed and placed at appropriate place in merit list, as appellants had qualified for appointment in every
other way and their names had been included in the select list - However, they not entitled to salary for period not worked
as District and Sessions Judge,