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TMI Blog2003 (11) TMI 612X X X X Extracts X X X X X X X X Extracts X X X X ..... there is no such stage of the existing emoluments then it shall be fixed at the stage next above the existing emoluments. The exception clause contained therein is referable only to a situation occurring in clause (b) and not to clause (a). If the exception is held to cover both the situations contemplated under clauses (a) and (b) of sub-rule (1) of Rule 8 for all intent and purport, sub-rule (a) shall become meaningless. It is no doubt true that if on going through the plain meaning of the language of statutes, it leads to anomalies, injustices and absurdities, then the court may look into the purpose for which the statute has been brought and would try to give a meaning, which would adhere to the purpose of the statute. Patanjali Sastri, C.J in the case of Aswini Kumar Ghose v. Arabinda Bose,[ 1952 (10) TMI 32 - SUPREME COURT] had held that it is not a sound principle of construction to brush aside words in a statute as being inapposite surplausage, if they can have appropriate application in circumstances conceivably within the contemplation of the statute. The principle of liberal interpretation which is applied in case of an beneficent legislation has no application in the in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al increment is to be given at the initial stage. However, another Division Bench in O.J.C. No. 6405 of 1992 was of the view that no such increment is to be given at the initial stage of fixation in the revised pay scales under the Rules. In view of the conflicting decisions of two coordinate Benches of the High Court, the writ petition filed by the Berhampur University Teachers' Association was referred for decision to a larger Bench. Rules 8(1) (a) and (b) of the Rules reads as thus: "8 (1) Unless in any case the University by special order otherwise directs, the pay of a University employee, who elects or is deemed to have elected so be governed by the revised scale from the 1st day of January, 1985 shall be fixed: (a) at the minimum of the revised scale if the amount of the existing emolument is less than the minimum: (b) at the stage of the revised scale, which is equal to the amount of existing emoluments or, if there is no such stage, at the stage next above the existing emoluments and the pay so fixed, except where it is fixed at the minimum shall be increased by one increment admissible at that stage of the revised scale." The Full Bench of the Orissa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e." The High Court by reason of the impugned judgment even directed grant of the minimum of the pay scales of ₹ 4500 with one increment, while fixing the pay in the pay scale of ₹ 4500-7300. It is against the said judgment of the High Court, the appellants are in appeal before us. It is not disputed that the revised pay scale of the Professors was ₹ 1500-2500 and the appellants were getting ₹ 2927 and after revision they were required to be placed on the minimum of the scale, which was admittedly more than what they had been getting prior to the revision of the pay scale. A bare perusal of the aforementioned Rule would clearly show that fixation of pay in the revised scale of pay would be governed by the said Rule. Clauses (a) and (b) of sub-rule (1) of Rule 8 contemplate two different situations. In a case where the minimum of the revised scale is less than the existing emolument, the concerned employee will get at least the minimum scale of pay as is provided in clause (a) thereof or if there is no such stage of the existing emoluments then it shall be fixed at the stage next above the existing emoluments. The exception clause contained therein is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd ordinary sense. The words themselves alone do, in such case, best declare the intention of the lawgiver." It is a cardinal principle of construction of a statute that when the language of the statute is plain and unambiguous, then the court must give effect to the words used in the statute and it would not be open to the courts to adopt a hypothetical construction on the ground that such construction is more consistent with the alleged object and policy of the Act. In Kirkness v. John Hudson & Co. Ltd., [1995] 2 All ER 345: (1995) AC 696: [1955] 2 WLR 1135 Lord Reid pointed out as to what is the meaning of "ambiguous" and held that: (All ER p. 366 C-D) "A provision is not ambiguous merely because it contains a word which in different contexts is capable or different meanings. It would be hard to find anywhere a sentence of any length which does not contain such a word. A provision, is in my judgment, ambiguous only if it contains a word or phrase which in that particular context is capable of having more than one meaning." It is no doubt true that if on going through the plain meaning of the language of statutes, it leads to anomalies, injustices and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication to the Collector under Section 18" in Section 28-A of the Act. The aforesaid expression would mean that if the landowner has made an application for reference under Section 18 and that reference is entertained and answered. In other words, it may not be permissible for a landowner to make a reference and get it answered and then subsequently make another application when some other person gets the reference answered and obtains a higher amount. In fact in Pradeep Kumari's case the three learned Judges, while enumerating the conditions to be satisfied, whereafter an application under Section 28-A can be moved, had categorically stated (SCC p.743, para 10) "the person moving the application did not make an application to the Collector under Section 18". The expression "did not make an application", as observed by this Court, would mean, did not make an effective application which had been entertained by making the reference and the reference was answered. When an application under Section 18 is not entertained on the ground of limitation, the same not fructifying into any reference, then that would not tantamount to the effective application an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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