Union of India Vs. R. Meenatchi and Anr [2008] Insc 232 (20 February 2008)
H.K.
Sema & Markandey Katju
O R D
E R
CIVIL
APPEAL NO.2265 OF 2002
In
this appeal the question of interpretation of proviso to Schedule appended to
the Rules called Government of Pondicherry, (Superintendent Grade-II)
Recruitment Rules, 1991 has been raised. The controversy is confined to proviso
to the Schedule appended to the Rules. It reads :
"
Provided that the Assistants or, as the case may be, Senior Grade
Stenographers, who have completed 15 years of continuous service as on 1-8-1981
are exempted from passing the Higher Accounts Test:"
The
question is while reckoning the period of 15 years of continuous service as on 1-8-1981 whether the entire period of service rendered by
Assistants or Senior Grade Stenographers is to be counted or only the period as
Assistants or Stenographers as the case may be.
The
Tribunal has interpreted the proviso to mean that the period of 15 years is to
be counted on continued service as on 1-8-1981 and not as Assistant or Senior
Grade Stenographers as the case may be. Aggrieved thereby, the State preferred
writ petition before the High Court.
: 2 :
The Division Bench of the High Court disposed of the appeal by a cryptic order
in terms of the following :
"Counsel
says that the interpretation placed by the Tribunal on the relevant Rules is
incorrect. Having seen the Rule and the reasoning of the Tribunal, we cannot
accept that submission. The writ petition is dismissed. Consequently, W.M.P.
No.8968 of 2001 is dismissed."
We do
not appreciate the way the Division Bench of the High Court disposed of the
appeal as contentious points have been raised before the High Court with regard
to the interpretation of the Rules. It was incumbent upon the Division Bench of
the High Court to interpret the law supported by reasons. In this view of the
matter the order of the Division Bench of the High Court being not supported by
reasons is not tenable in law. The same is set aside and the matter is remitted
to the High Court for a fresh decision in accordance with law.
The
appeal is disposed of accordingly.
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