A.K. RAGHUMANI SINGH AND ORS versus GOPAL CHANDRA NATH AND ORS.

Citation: [2000] 2 S.C.R. 943 · Decided: 04-04-2000 · Supreme Court of India · Bench: M. JAGANNADHA RAO · Disposal: Dismissed
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Judgment (excerpt)

A.K. RAGHUMANI SINGH AND ORS. 
V. 
GOPAL CHANDRA NATH AND ORS. 
APRIL 4, 2000 
[M. JAGANNADHARAO AND RUMA PAL, JJ.] 
Service lAw : 
Manipur P. W.D/lrrigation and Flood Control/Public Health Engineering 
[Superintending Engineer ( Civil)/Superintending Surveyor of Works J Recruit-
ment Rules, 1977. 
Promotion-From Executive Engineer to Superintending Engineer-Eli-
gibility-Recruitment Rules provided that Executive Engineer should possess 
degree in Engineering or its equivalent with 6 years' regular service in the 
grade-Held : Even a person who had put in the requisite length of service in 
the grade prior to obtaining the prescribed educational qualifications is also 
eligible to be considered for promotion. 
Wo!W and Phrases: 
A 
B 
c 
D 
"With "-Meaning of-In the context of Manipur P. W.D.llrrigation and 
E 
Flood Control/Public Health Engineering [Superintending Engineer (CivifY 
Superintending Su111eyor of Works j Recruitment Rules, 1977. 
The appellants and respondent No. 1 were Executive Engineers in 
the Public Health Engineering Department. Respondent No. 1 obtained 
the qualification of AMIE diploma, which was recognised as equivalent to 
B.E. degree for recruitment to superior posts in the Central Government. 
The Manipur P.W.D.llrrigation and Flood ControJ/Public Health Engi-
neering [Superintending Engineer (Civil)/Superintending Surveyor of 
Works] Recruitment Rules, 1977 provided that the post of Superintending 
Engineer shall be filled up by promotion from Executive Engineer pos-
sessing Degree in Engineering or its equivalent with 6 years' regular 
service in the cadre. 
Respondent No. 1 filed a writ petition before the High Court seeking 
directions to the State Government to consider him for promotion to the 
post of Superintending Engineer. The appellants contended before the 
943 
F 
G 
H 
A 
B 
c 
D 
944 
SUPREME COURT REPORTS 
[2000] 2 S.C.R. 
High Court that respondent No. 1 had not put in 6 years, regular service 
in the cadre after obtaining the AMIE diploma and, therefore, he was not 
eligible for being considered for promotion to the, said post. The High 
Court allowed the writ petition. Hence this appeal. 
Dismissing the appeal, this Court 
HELD : 1.1. The word 'with' in the Manipur P.W.D./Irrigation and 
Flood Control/Public Health Engineering [Superintending Engineer (Civil)/ 
Superintending Surveyor of Works] Recruitment Rules, 1977 has been 
defined diversely, the meaning depending on the context in which it is 
used. But when it is used to connect two nouns it means "accompanied by; 
having as an addition or accompaniment. Frequently used to connect two 
nouns, in the sense 'and' - 'as well'." (946-D-E] 
New Shorter Oxford Dictionary (1993), referred to. 
1.2. Applying the definition to the eligibility criteria it is clear that it 
requires the prescribed educational qualification and 6 years experience 
as well. Given the plain meaning of the phrase, the Court would not be 
justified in reading a qualification into the conjunctive word and imply 
the word 'subsequent' after the word 'with'. [946-E-F] 
E 
2.1. Even on a point of principle it would be unreasonable to distin-
guish between the nature of the regular service required, as if the service 
in the grade subsequent to the obtaining of the necessary educational 
qualification were qualitatively different from the service in the grade 
prior thereto. [946-F-G] 
F 
2.2. Given the meaning of the words, the principle involved and the 
G 
weight of precedents, the view of the High Court must be upheld. (948-B) 
M.B. Joshi v. Satish Kumar Pandey, [1993] Supp. 2 SCC 419; D. 
Stephen Joseph v. Union of India, (1997] 4 SCC 753 and Anil Kumar Gupta 
v. Municipal Corporation of Delh4 [2000) 1 SCC 128, relied on. 
N. Suresh Nathan v. Union of India, [1992) Supp. 1 SCC 584, held 
inapplicable. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 920of1994. 
H 
From the Judgment and Order dated 27.8.93 of the Assam High Court 
A.K. RAGHUMANI SINGH v. G.C. NATH [RUMA PAL, J.] 
in W.A. No. 5 of 1993. 
945 
Arun Jaitley, A. Raghuvir, Ms. Madhoo Moolchandani, Kb. Nobin 
Singh, M. Veerappa, S. Janani, J.P. Pathak, Vijay Kwnar, A.C. Mahimkar, 
Pankaj Kalra, Vishwajit Singh and B.K. Sharma, for the appearing parties. 
A 
The Judgment of the Court was delivered by 
B 
RUMA PAL, J. The appellants and the respondent No. 1 are all 
Executive Engineers in the Public Health Engineering Department of the 
Government of Manipur. All the appellants had Degrees
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