Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

1997 (4) TMI 504

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... n this case is whether for promotion to the post of Assistant Engineer in the 5O% promotion quota reserved for the person possessing, degree in Electrical Engineering from a recognised University or an equivalent with three years regular service in the grade of Junior Engineers, in the electricity department, Government of Pondicherry, three years experience as Junior Engineer in the grade is to b .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... enkataramani, learned counsel appearing for appellant has contended that the plain language of the Rule need not be followed in all cases and in applying the rule for promotion to 50% quota from amongst Junior Engineers with degree in Electrical Engineering, past practice is required to be considered as held by this court in N Suresh Nathan and Anr. Vs. Union of India Ors. (1992 Suppl. (1) SCC p .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... pplicable in a particular manner. In our view, the decision in Nathan's case only indicates that past practice must be referable to the applicability of the Rule by interpreting it in a particular manner consistently for some time. Any past practice dehors the Rule cannot be taken into consideration as past practice consistently followed for long by interpreting the Rule. It may be indicated h .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... effect in 1982 and in 1987 and thereafter only some ad hoc promotions were given, Therefore, there is no occasion to proceed to proceed on the footing that the Rule for promotion since effective from 1982 has been followed differently by giving an interpretation of the Rule as was noted in the decision in Suresh Nathan's case. Therefore, in our view, the decision in Suresh Nathan's case, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates