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TMI Blog2003 (9) TMI 775X X X X Extracts X X X X X X X X Extracts X X X X ..... used in the Union Territory of Chandigarh Emloyees (Conditions of Service) Rules, 1992 (hereinafter to be called as 'the Rules'), framed in exercise of power under Article 309 of the Constitution of India. The question arose in the background of a notification of vacancies for recruitment to the post of Assistant District Attorney/Law Officer. Apart from other qualifications as laid down in the advertisement dated 16.5.1996, the age limit was required to be between 21-30 years as on the 1st day of January 1996. The respondent No. 1 applied as one of the candidates for the post. There is no dispute about the fact that he was then aged 33 years that is to say beyond the maximum age limit as provided in the notification for filling up of the vacancies. Hence, his application was not entertained. He approached the Central Administrative Tribunal and by means of an interim order, he was allowed to appear in the examination and the selection process but final result was not to be declared. The case of the respondent Shri Rajesh Kumar Basandhi, who appeared in person, is that as per the rules applicable, the maximum age limit is 35 years but on the other hand according to the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f employees. (Emphasis supplied) According to the above provisions, persons appointed to the services of the Union Territory of Chandigarh, their conditions of service shall be governed by the same rules and orders as applicable for the time being to the corresponding posts in the Punjab Civil Services. So far Scales of pay is concerned it is provided that the Administrator will be competent to revise the same from time to time so as to bring it at par with scales of pay of Punjab Services. The Punjab Civil Services Rules were framed in 1989 and Rule 7A prescribed the maximum age limit as 30 years for recruitment to the post of Assistant District Attorney/Law Officer. An amendment was made in the Punjab Civil Services Rules, 1989 in the year 1994 according to which the maximum age for technical posts was raised to 33 years. Thereafter, came yet another amendment in the Punjab Civil Services Rules, 1989 in 1996, increasing the maximum age limit to 35 years. In this view of the position, according to the respondent, his candidature could not be defeated on the ground that he was over age. The case of the appellant however is that amendment made to the Punjab Civil Services Rul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to its context may mean the time present or denote a single period of time; but its general sense is that of time indefinite and refers to an indefinite state of facts which will arise in the future and which may vary from time to time. Re Gunter' s Settlement Trusts, 1949 Ch. 502. In the Law Lexicon by T.P. Mukherjee 1989 Ed. the phase for the time being in force has been indicated to mean as under : For the time being in force - The expression any other enactment for the time being in force means any legislation enacted whether before or after the imposition of the tax by the corporation. The general sense of the phrase for the time being is that of time indefinite and refers to indefinite state of facts which will arise in future and which may vary from time to time. [See Constitution of India Art. 265] D. Kasturchandji v. State, AIR (1967) M.P. 268 at 274; 1966 Lab. L.J. 1143 : 1967 M.P.L.J. 47. The expression may refer either to a particular point of time or to several periods of time and the interpretation that is to be adopted in any particular case must depend upon the context in which the expression occurs (See Defence of India Act, 1939, Sec. 19(l)(g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of application of the rules, may be amended or un- amended. Therefore, to come to a conclusion as to whether it is for one time or for indefinite period of time, the context, purpose and the intention of the use of the phrase will have to be seen and examined. The learned counsel for the appellant has heavily relied upon a decision reported in (1992) 3 Supreme Court Cases 576 -Jivendra Nath Kaul v. Collector/District Magistrate and Anr., more particularly, on the observations made at Page 579 where it has been observed : ....we are of the view that the High Court Judgment in Bhaiya Lal1 case does not lay down correct law. The High Court has not given natural meaning to the expressions contained in sub-s. (12) and sub-s.(13) of Section 87A of the Act. The only meaning which can be given to the expression half of the number of the members of the Board is the members as existed on the date of its constitution. The total number of members on the date of composition of Municipal Board, Mugal Sarai was 16 and as such notwithstanding the removal of member/members, the motion of no confidence could only be passed if the motion was supported by more than 8 votes.. . It is furthe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te and refers to state of facts which would arise in future and may very from time to time. We may then examine the reasoning which has been given by the Central Administrative Tribunal to hold that meaning of the expression for the time being would be as may vary from time and not for one single time. For this purpose help was sought from the expression used in the proviso from time to time in respect of the revision of pay scale. It is true, as rightly canvassed before us that these words used in the proviso cannot be read in the main provision but it, in no way takes away the meaning which is generally assignable to the phrase for the time being as used in the main provisions. There has to be some special or tangible circumstance or context in which it may be said that the meaning to be assigned to the expression for the time being would be other than the general meaning and the phrase would mean for a single time. If we read the main provision without reading its porviso alongwith it, there is no reason for not assigning the meaning of the phrase for the time being as generally understood for indefinite period of time, as also held by this Court in the case of Jive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notification for recruitment, the learned counsel answered that the said amendment had been made before the issuance of the notification making the Punjab Rules applicable to the persons appointed in the service of Union Territory of Chandigarh. To be more specific the case of the appellant is that the provision of the Punjab Rules was amended on 24.12.1991 introducing the condition of two years practice at the Bar whereas the notification was issued by the Chandigarh Administration subsequently i.e. on 13.1.1992 therefore amended position of the Punjab Rules till that date namely 13.1.1992 was incorporated in the notification for recruitment. But it would be pertinent to point out that it was conveniently skipped by the appellant to notice that Punjab Rules were made applicable with effect from 1.4.1991 though the notification to that effect was issued on 13.1.1992. The consequence of giving effect to the notification dated 13.1.1992 w.e.f. 1.4.1991 would be that Punjab Rules as existing on 1.4.1991 would be applicable. If the argument of the appellant is accepted that the phrase for the time being was applicable for only one time and not for future amendments, Punjab Rules, as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision of this Court in Jivendra Nath Kaul (supra). Learned counsel for the appellant informs and submits that on declaration of the result it was found that the merit of the respondent is low and he stands no chance for appointment looking to the number of vacancies available. In this connection the respondent submitted that he has already challenged the result of the selection on certain grounds which is subject matter of another case pending before the Tribunal. The fact that proceedings challenging the result is pending before the Tribunal is not denied, we therefore refrain from making any comment in that regard except that in case number of vacancies available was less than the position of the respondent in order of merit, in that event question of appointment may arise only in case of a favourable decision of the Tribunal on the petition of the respondent challenging the result of the selection and not otherwise. In view of the discussion held above, we are of the view that no interference is called for in the order passed by the Central Administrative Tribunal. The appeal lacks merit. It is accordingly dismissed. The stay order granted by this Court on 7.4.1997 at the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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