JUDGMENT

RANGANATH MISRA, J.:- Special leave granted.

2. The short point for consideration in this appeal is whether statutory rules framed under an Act would prevail over administrative instructions.

3. Appellant was the Chief Municipal Officer of the Municipal Council of Chhidwada in Madhya Pradesh. He was due to superannuate on 26-3-1974 on attaining the age of 58 years. An order suspending him from service was issued on 28-3-1974 and thereafter he was subjected to a disciplinary proceeding on a set of charges. The appellants contention is that under R.29 of the Madhya Pradesh State Municipal Service (Executive) Rules, 1973, he superannuated when he completed the age of 58 and by the time the order of suspension was issued he had ceased to be a Government servant. R. 29 which is statutory in character reads thus:

"29. Superannuation - (1) A member of the service shall attain the age of superannuation on the date he completes his 58 years of age and he shall retire on such date:

Provided that the State Government may allow a member of the service to continue in employment in the interest of Municipal Council or in public interest. However, no member of service shall continue in servi