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2010 (3) TMI 1152 - SC - Indian LawsInter-se seniority between two batches - direct recruits Range Forest Officers 1979-81 batch (non-graduates) and 1980-81 batch (graduates) of the Subordinate Forest Services and their further promotion to the post of Assistant Conservator of Forests - HELD THAT:- We are of the view that the Government has committed a grave error in unsettling the inter se seniority of the graduates and non- graduates which was settled as early as in the year 1982. The State Government in its letter dated 12.10.1982 had taken the view that two years’ training was imparted to non-graduates of 1979-81 batch and one year training was imparted only to graduates of 1980-81 batch since candidates with lesser qualification required through training compared to the candidates with higher qualification. Strict interpretation of Rule 10 of 1969 Rules and Rule 18 of 1974 Rules was unworkable and literal interpretation would have resulted in absurd results. When the educational qualification prescribed was pass in intermediate examination, the legislature wanted the candidates to undergo training for two years. But, when the higher educational qualification of graduation was prescribed the statute was silent as to the period of training the candidates have to undergo. Even the non- graduates were not sent for training in the colleges mentioned in the Rules but were sent to some other colleges where the duration of course was two years and the candidates of 1980-81 batch was sent for training to the colleges which conducted course of one year duration. Such a course was adopted, since the rules were found to be unworkable. It is a well known Rule of construction that the provisions of a statute must be construed so as to give them a sensible meaning. The above legal principles clearly indicate that the courts have to avoid a construction of an enactment that leads to an unworkable, inconsistent or impracticable results, since such a situation is unlikely to have been envisaged by the Rule making authority. Rule making authority also expects rule framed by it to be made workable and never visualises absurd results. The decision taken by the government in deputing the non-graduates (1979-81 batch) to a two year training course and graduates (1980-81 batch) to a one year training is in due compliance with Rule 10 of 1969 Rules and Rule 18 of 1974 Rules and the seniority of the both batches has been rightly settled vide orders dated 12.10.1982 and 5.3.1987 and the government has committed an error in unsettling the seniority under its proceedings dated 29th September, 1993. We, therefore, find no illegality in the judgment of the High court in quashing the order dated 29th September, 1993 and upholding the seniority of the candidates of 1980-81 batch over the candidates of 1979-81 batch. Appeal therefore lacks merits, and the same is accordingly dismissed.
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