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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 ..... 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 appellant it is 30 years. The Central Administrative Tribunal ultimately found that the maximum age limit is 35 years, therefore it directed to declare the result of the respondent and to consider his case for appointment to the post of Assistant District Attorney/Law Officer. The Union Territory of Chandigarh was constituted on 1. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 Rules, 1989 would not be ipso facto applicable for recruitment to the Union Territory of Chandigarh unless such amendments were also adopted by the administration of the Union Territory of Chandigarh. This having not been done, the Rules of Punjab Civil Services, 1989 as stood on 13.1.1992 at the time the Notification was issued, for applying t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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) E.I. Film Studio v. P.K. Mukherjee, AIR (1954) Cal. 41 at 43" And in Venkataramaiya's Law Lexicon "Legal Maxims", as revised by Justice M.C. Desai (2nd Ed.) 1966 (Reprint), the meaning of the phrase "for the time being" is given as follows : "For the time being - The words "for the time being" are capable of different interpretations according to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 further observed : "Similarly the High Court fell into grave error by not appreciating the plain meaning of the words "for the time being" in sub-section 13 of Section 87-A of the Act. "For the time being" means at the moment or existing position. These words indicate the actual membership in existence on the date of motion of no confidence. The High Court on the basis of strai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Jivendra Nath Kaul (supra). There is nothing to indicate which may restrict the general meaning to mean that it was only for one time. We are therefore of the view that it was not at all necessary for the Tribunal to seek assistance from the words used in the proviso "from time to time" to interpret the meaning of the phrase "for the time being" used in the main provision. On the other h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wo 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 existed on 1.4.1991 alone would apply without taking note of the subsequent amendment in the rules i.e. as made on 24.12.91 regarding requirement of two years practice. But the appellant did not adhere to that position which is being canvassed now but in the notification for recruitment the position as brought about by amendment in the Punjab Rules as on 24.12.1991 was incorporated and g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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