1997 (4) TMI 504
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....the parties. The short question that arises for decision in 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, thre....
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....strative Tribunal is being impugned in this case. Mr. Venkataramani, 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....
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....d consistently for some time past the rule has been made applicable 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 followe....
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....dispute that the rule for promotion to 5O% quota came into 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. Therefor....
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