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1997 (4) TMI 504 - SC - Indian Laws

Issues Involved: Interpretation of rules for promotion to the post of Assistant Engineer in the 50% promotion quota reserved for individuals with a degree in Electrical Engineering and three years of service as Junior Engineers in the electricity department, Government of Pondicherry.

Summary:
The Supreme Court addressed the question of whether the experience of three years required for promotion to the 50% quota should be counted from the date of acquiring the degree in Electrical Engineering or from the length of service as Junior Engineers. The Central Administrative Tribunal held that individuals with three years of regular service as Junior Engineers and possessing a degree in Electrical Engineering are entitled to promotion without counting experience from the date of degree acquisition. The appellant argued that past practice should be considered, citing a previous case, and that experience should be counted from the date of degree acquisition. The Court clarified that past practice must conform to the rule for promotion and consistently interpret the rule in a particular manner over time. It distinguished a previous case where the language of the rule was specific about counting experience from the date of acquiring higher education. The Court noted that since the rule for promotion came into effect in 1982 and only ad hoc promotions were given thereafter, there was no basis to interpret the rule differently. Therefore, the Court upheld the Tribunal's decision, dismissing the appeal.

In conclusion, the Court emphasized the importance of interpreting rules for promotion based on the plain language and specific circumstances, highlighting the need for consistency and adherence to the rule's requirements.

 

 

 

 

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