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State Of Orissa And Others v. Joginder Patjoshi And Another
Factual and Procedural Background
The respondents, working as Lecturers and Professors at Berhampur University, were drawing pre-revised pay scales of Rs 700-1600 (Lecturers) and Rs 1500-2500 (Professors). With effect from 1-1-1986, the Orissa Revised Scales of Pay Rules, 1985 substituted those scales with Rs 2200-4000 and Rs 4500-7300, respectively. Immediately before 1-1-1986, the Professors were receiving Rs 2927.
Contending that they were entitled not only to the minimum of the new scale (Rs 4500) but also to one additional increment under Rule 8(1)(b), the teachers filed a writ petition before the Orissa High Court. Divergent Division Bench rulings on the same issue led to a reference to a Full Bench, which upheld the teachers’ claim. The State of Orissa appealed from that Full Bench judgment, bringing the matter before the Supreme Court.
Legal Issues Presented
- Whether, under Rule 8(1)(a) and Rule 8(1)(b) of the Orissa Revised Scales of Pay Rules, 1985, a university teacher whose pre-revision emoluments are lower than the minimum of the revised scale is entitled to an additional increment at the initial fixation of pay.
- Whether a “liberal” or “beneficent” construction can extend the increment contemplated in Rule 8(1)(b) to situations governed by Rule 8(1)(a).
Arguments of the Parties
State of Orissa (Appellants)
- Rules 8(1)(a) and 8(1)(b) address distinct factual situations; the increment proviso in clause (b) cannot be imported into clause (a).
- The Full Bench erred by reading an ambiguity that does not exist; plain-language interpretation must prevail.
- Reliance placed on a series of Supreme Court precedents emphasising that courts should not add words to clear statutory text (Padma Sundara Rao, Hansoli Devi, Dayal Singh, Illachi Devi).
Respondent Teachers
- The Rules are beneficent and therefore merit a liberal interpretation so that the increment provision applies even when pay is fixed at the minimum under clause (a).
- The State’s own Department of Industries subsequently amended analogous rules to grant a higher benefit, indicating legislative intent consistent with the teachers’ position.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Padma Sundara Rao v. State of T.N. (2002) 3 SCC 533 | Court cannot legislate; plain meaning controls; no casus omissus to be supplied. | Used to reject the High Court’s liberal interpretation and to stress adherence to the clear language of Rule 8. |
| Union of India v. Hansoli Devi (2002) 7 SCC 273 | When statutory language is unambiguous, courts must give effect to it without resort to hypothetical constructions. | Relied upon to hold that Rule 8(1)(a) is unambiguous and self-contained. |
| Dayal Singh v. Union of India (2003) 2 SCC 593 | Court cannot read into a statute what is not there; interpretation must follow clear wording. | Affirmed the necessity of sticking to the text of Rule 8 without adding the increment to clause (a). |
| Illachi Devi v. Jain Society, Protection of Orphans India (2003) 8 SCC 413 | Reiteration of plain-language statutory interpretation. | Cited as further authority against importing benefits not expressly provided. |
| Rishabh Agro Industries Ltd. v. P.N.B Capital Services Ltd. (2000) 5 SCC 515 | Courts interpret but do not amend statutes. | Quoted within Padma Sundara Rao passage to reinforce the interpretive approach. |
| Narasimhaiah case (1996) 3 SCC 88 | Referenced by Padma Sundara Rao as an example of impermissible judicial extension of statutory periods. | Serves as illustration of why courts must avoid stretching statutory language. |
| Nanjudaiah case (1996) 10 SCC 619 | Similar context on statutory time-limits; cited in Padma Sundara Rao. | Same illustrative purpose as above. |
| Kirkness v. John Hudson & Co. Ltd. (1955) 2 All ER 345 | Defines when statutory wording is “ambiguous.” | Cited in Hansoli Devi quotation; supports view that Rule 8 is not ambiguous. |
| Aswini Kumar Ghose v. Arabinda Bose AIR 1952 SC 369 | Words in a statute should not be treated as surplusage. | Used to argue that clause (a) should not be rendered meaningless by extending clause (b)’s increment. |
| Quebec Rly., Light, Heat & Power Co. Ltd. v. Vandry AIR 1920 PC 181 | Legislature is presumed not to waste words. | Supports the necessity of giving distinct effect to both clauses (a) and (b). |
| Pradeep Kumari case (1995) 2 SCC 736 | Condition that an application “did not make” means an effective application. | Part of Hansoli Devi discussion; illustrates purposive reading only when language permits. |
| Bhavnagar University v. Palitana Sugar Mill (P) Ltd. (2003) 2 SCC 111 | Scope of legislation cannot be enlarged where wording is plain. | Quoted in Dayal Singh; strengthens plain-meaning approach. |
| IRC v. Hinchy 1960 AC 748 | Punctuation has interpretive value in modern statutes. | Cited to justify reading clauses (a) and (b) separately, aided by punctuation. |
| Union of India v. Filip Tiago De Gama (1990) 1 SCC 277 | Surmises and conjectures cannot guide statutory interpretation. | Appears in Dayal Singh quotation; reinforces textualism. |
Court's Reasoning and Analysis
1. The Court began by examining the text of Rule 8(1). Clause (a) covers situations where an employee’s existing emoluments are lower than the minimum of the revised scale, mandating fixation at that minimum. Clause (b) applies where existing emoluments match or exceed a stage in the revised scale; only in that circumstance does the rule add “one increment.”
2. The “increment” proviso appears exclusively in clause (b). Importing it into clause (a) would negate the independent function of clause (a), rendering it “meaningless.”
3. The principle of liberal interpretation for beneficent statutes was deemed inapplicable. Rule 8 is a technical rule governing pay fixation, not a welfare statute conferring substantive benefits.
4. The Court relied on a consistent line of authority (Padma Sundara Rao, Hansoli Devi, Dayal Singh, Illachi Devi) holding that when statutory language is clear, courts must not read in words or intentions.
5. Arguments based on later administrative amendments were dismissed as irrelevant to the interpretation of the unamended Rule 8.
6. Punctuation and structural placement of the clauses supported reading (a) and (b) separately, a view buttressed by reference to IRC v. Hinchy.
7. Consequently, the Court concluded that the respondents were entitled only to the minimum of the revised scale, without any additional increment.
Holding and Implications
Appeals Allowed; High Court judgment set aside.
The Supreme Court held that teachers whose pre-revision emoluments were below the minimum of the revised scale are entitled only to that minimum and not to an additional increment. The decision affects pay fixation for the respondent teachers and clarifies the distinct operation of clauses (a) and (b) of Rule 8, but it sets no broader precedent beyond statutory interpretation of similarly worded rules.
Order
1. Interpretation of Rules 8(1)(a) and (b) of the Orissa Revised Scales of Pay Rules, 1985 (for short “the Rules”), purported to have been framed under Article 309 of the Constitution of India, falls for consideration in these appeals which arise out of the judgment and order dated 19-11-1996. The respondents herein were holding the posts of Lecturers and Professors in the University. The interpretation of the Rules arose in the context of a writ petition filed by the Lecturers and Professors of the Berhampur University Teachers' Association in the High Court of Orissa. The pay scales of the Lecturers and Professors were Rs 700-1600 and Rs 1500-2500 respectively. By the aforesaid Rules, which came into force on 1-1-1986, the scales of pay of the Lecturers and Professors were sought to be revised. The revised pay scales of the Lecturers and Professors were fixed at Rs 2200-4000 and Rs 4500-7300 respectively. On the relevant date i.e immediately prior to 1-1-1986, the Professors were getting Rs 2927 under the Rules.
2. The respondents filed a writ petition before the Orissa High Court, claiming therein that in addition to the minimum pay scale of Rs 4500-7300, one further increment is also to be given as required under Rule 8(1)(b).
3. At the time when the aforesaid writ petition was filed, a Division Bench of the High Court of Orissa in OJC No. 2588 of 1991 took a view that while fixing the emoluments of the teachers of the University under the UGC scales, an additional increment is to be given at the initial stage. However, another Division Bench in OJC No. 6405 of 1992 was of the view that no such increment is to be given at the initial stage of fixation in the revised pay scales under the Rules. In view of the conflicting decisions of two Coordinate Benches of the High Court, the writ petition filed by the Berhampur University Teachers' Association was referred for decision to a larger Bench.
4. Rules 8(1)(a) and (b) of the Rules read as thus:
“8. (1) Unless in any case the University by special order otherwise directs, the pay of a university employee, who elects or is deemed to have elected to be governed by the revised scale from the 1st day of January, 1985 shall be fixed:
(a) at the minimum of the revised scale if the amount of the existing emolument is less than the minimum;
(b) at the stage of the revised scale, which is equal to the amount of existing emoluments, or if there is no such stage, at the stage next above the existing emoluments and the pay so fixed, except where it is fixed at the minimum shall be increased by one increment admissible at that stage of the revised scale.”
5. The Full Bench of the Orissa High Court was of the view that although the case of the teachers falls under Rule 8(1)(a), they are entitled to one further increment, in terms of the exception contained in Rule 8(1)(b); as a liberal construction is required to be put thereto, as the rule is a beneficial one.
6. The Full Bench of the High Court, interpreting the aforementioned Rules, was thus of the opinion that the explanation contained in clause (b) of sub-rule (1) of Rule 8 would apply both to clauses (a) and (b) as the same is a beneficent legislation.
7. Learned counsel appearing on behalf of the State of Orissa submits that a bare perusal of the impugned rule would show that as two meanings cannot be put thereto, the Full Bench of the High Court must be held to have erred in passing the impugned judgment. Reliance in this behalf has been placed on Padma Sundara Rao v. State of T.N (2002) 3 SCC 533, Union of India v. Hansoli Devi (2002) 7 SCC 273, Dayal Singh v. Union of India (2003) 2 SCC 593 and Illachi Devi v. Jain Society, Protection of Orphans India (2003) 8 SCC 413, 2003 AIR SCW 4824.
8. Learned counsel for the respondents stated that the legislation has been correctly interpreted being beneficent in nature. He further contended that even the Department of Industries of the Government of Orissa implemented the same by amending the Rules in terms of the resolution adopted on 26-3-1996, which now reads as under:
“The question of liberalising the pay-fixation formula adopted for the teachers of engineering colleges under AICTE scale of pay in accordance with the pay-fixation formula under the Orissa Revised Scales of Pay Rules, 1985 was under active consideration of the Government for some time past.
After careful consideration, the State Government has been pleased to amend para 22 of this Deptt. Resolution No. 7981-I dated 29-3-1990 as follows:
(a) In cases where the existing (pre-revised) emoluments are less than the minimum of the revised scale of pay in the revised scale shall be fixed at the stage next above the minimum.
(b) The next increment of a government servant whose pay has been fixed in the revised scales shall be granted on the anniversary of the last increment in the existing scale, unless otherwise inadmissible.”
9. The High Court by reason of the impugned judgment even directed grant of the minimum of the pay scale of Rs 4500 with one increment, while fixing the pay in the pay scale of Rs 4500-7300. It is against the said judgment of the High Court, the appellants are in appeal before us.
10. It is not disputed that the pre-revised pay scale of the Professors was Rs 1500-2500 and the respondents were getting Rs 2927 and after revision they were required to be placed on the minimum of the scale, which was admittedly more than what they had been getting prior to the revision of the pay scale.
11. A bare perusal of the aforementioned rule would clearly show that fixation of pay in the revised scale of pay would be governed by the said rule. Clauses (a) and (b) of sub-rule (1) of Rule 8 contemplate two different situations. In a case where the minimum of the revised scale is less than the existing emolument, the employee concerned will get at least the minimum scale of pay as is provided in clause (a) thereof or if there is no such stage of the existing emoluments then it shall be fixed at the stage next above the existing emoluments. The exception clause contained therein is referable only to a situation occurring in clause (b) and not to clause (a). If the exception is held to cover both the situations contemplated under clauses (a) and (b) of sub-rule (1) of Rule 8 for all intent and purport, sub-rule (a) shall become meaningless.
12. Learned counsel appearing on behalf of the respondents' submission that subsequently another Department of the State of Orissa intended to grant a higher benefit is of no consequence. In this case, this Court is required to interpret Rule 8 of the Rules as it stood prior to the amendment and not the amended Rules. It is now well-settled principle of law that where the language used in a statute is clear and unambiguous, the question of taking recourse to any principle of interpretation would not arise. In Padma Sundara Rao case (2002) 3 SCC 533 this Court held:
“14. While interpreting a provision the court only interprets the law and cannot legislate it. If a provision of law is misused and subjected to the abuse of process of law, it is for the legislature to amend, modify or repeal it, if deemed necessary. (See Rishabh Agro Industries Ltd. v. P.N.B Capital Services Ltd. (2000) 5 SCC 515) The legislative casus omissus cannot be supplied by judicial interpretative process. Language of Section 6(1) is plain and unambiguous. There is no scope for reading something into it, as was done in Narasimhaiah case (1996) 3 SCC 88. In Nanjudaiah case (1996) 10 SCC 619 the period was further stretched to have the time period run from date of service of the High Court's order. Such a view cannot be reconciled with the language of Section 6(1). If the view is accepted it would mean that a case can be covered by not only clause (i) and/or clause (ii) of the proviso to Section 6(1), but also by a non-prescribed period. Same can never be the legislative intent.”
13. Similarly in Hansoli Devi case (2002) 7 SCC 273 this Court held:
“9. Before we embark upon an inquiry as to what would be the correct interpretation of Section 28-A, we think it appropriate to bear in mind certain basic principles of interpretation of a statute. The rule stated by Tindal, C.J in Sussex Peerage case (1844) 11 Cl & Fin 85, 8 ER 1034 still holds the field. The aforesaid rule is to the effect: (ER p. 1057)
‘If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense. The words themselves alone do, in such case, best declare the intention of the lawgiver.’
It is a cardinal principle of construction of a statute that when the language of the statute is plain and unambiguous, then the court must give effect to the words used in the statute and it would not be open to the courts to adopt a hypothetical construction on the ground that such construction is more consistent with the alleged object and policy of the Act. In Kirkness v. John Hudson & Co. Ltd. (1955) 2 All ER 345, 1955 AC 696, (1955) 2 WLR 1135 Lord Reid pointed out as to what is the meaning of ‘ambiguous’ and held that: (All ER p. 366 C-D)
‘A provision is not ambiguous merely because it contains a word which in different contexts is capable of different meanings. It would be hard to find anywhere a sentence of any length which does not contain such a word. A provision is, in my judgment, ambiguous only if it contains a word or phrase which in that particular context is capable of having more than one meaning.’
It is no doubt true that if on going through the plain meaning of the language of statutes, it leads to anomalies, injustices and absurdities, then the court may look into the purpose for which the statute has been brought and would try to give a meaning, which would adhere to the purpose of the statute. Patanjali Sastri, C.J in the case of Aswini Kumar Ghose v. Arabinda Bose AIR 1952 SC 369 had held that it is not a sound principle of construction to brush aside words in a statute as being inapposite surplusage, if they can have appropriate application in circumstances conceivably within the contemplation of the statute. In Quebec Rly., Light, Heat & Power Co. Ltd. v. Vandry AIR 1920 PC 181 it had been observed that the legislature is deemed not to waste its words or to say anything in vain and a construction which attributes redundancy to the legislature will not be accepted except for compelling reasons. Similarly, it is not permissible to add words to a statute which are not there unless on a literal construction being given a part of the statute becomes meaningless. But before any words are read to repair an omission in the Act, it should be possible to state with certainty that these words would have been inserted by the draftsman and approved by the legislature had their attention been drawn to the omission before the Bill had passed into a law. At times, the intention of the legislature is found to be clear but the unskilfulness of the draftsman in introducing certain words in the statute results in apparent ineffectiveness of the language and in such a situation, it may be permissible for the court to reject the surplus words, so as to make the statute effective. Bearing in mind the aforesaid principle, let us now examine the provisions of Section 28-A of the Act, to answer the questions referred to us by the Bench of two learned Judges. It is no doubt true that the object of Section 28-A of the Act was to confer a right of making a reference, (sic on one) who might have not made a reference earlier under Section 18 and, therefore, ordinarily when a person makes a reference under Section 18 but that was dismissed on the ground of delay, he would not get the right of Section 28-A of the Land Acquisition Act when some other person makes a reference and the reference is answered. But Parliament having enacted Section 28-A, as a beneficial provision, it would cause great injustice if a literal interpretation is given to the expression ‘had not made an application to the Collector under Section 18’ in Section 28-A of the Act. The aforesaid expression would mean that if that landowner has made an application for reference under Section 18 and that reference is entertained and answered. In other words, it may not be permissible for a landowner to make a reference and get it answered and then subsequently make another application when some other person gets the reference answered and obtains a higher amount. In fact in Pradeep Kumari case (1995) 2 SCC 736 the three learned Judges, while enumerating the conditions to be satisfied, whereafter an application under Section 28-A can be moved, had categorically stated ‘the person moving the application did not make an application to the Collector under Section 18’. The expression ‘did not make an application’, as observed by this Court, would mean, did not make an effective application which had been entertained by making the reference and the reference was answered. When an application under Section 18 is not entertained on the ground of limitation, the same not fructifying into any reference, then that would not tantamount to an effective application and consequently the rights of such applicant emanating from some other reference being answered to move an application under Section 28-A cannot be denied. We, accordingly answer Question 1(a) by holding that the dismissal of an application seeking reference under Section 18 on the ground of delay would tantamount to not filing an application within the meaning of Section 28-A of the Land Acquisition Act, 1894.”
14. In Dayal Singh case (2003) 2 SCC 593 a three-Judge Bench of this Court, in which both of us were members, observed as under:
“37. It is a well-settled principle of law that the court cannot read anything into the statutory provision which is plain and unambiguous. The court has to find out legislative intent only from the language employed in the statutes. Surmises and conjectures cannot be resorted to for interpretation of statutes. (See Union of India v. Filip Tiago De Gama (1990) 1 SCC 277, AIR 1990 SC 981.)
38. This Court in Bhavnagar University v. Palitana Sugar Mill (P) Ltd. (2003) 2 SCC 111, (2002) 9 Scale 102 has observed:
‘25. Scope of the legislation on the intention of the legislature cannot be enlarged when the language of the provision is plain and unambiguous. In other words statutory enactments must ordinarily be construed according to its plain meaning and no words shall be added, altered or modified unless it is plainly necessary to do so to prevent a provision from being unintelligible, absurd, unreasonable, unworkable or totally irreconcilable with the rest of the statute.’ ”
15. The said decision has been followed by this Court in Illachi Devi case (2003) 8 SCC 413, 2003 AIR SCW 4824.
16. The principle of liberal interpretation which is applied in case of a beneficent legislation has no application in the instant case inasmuch as by reason of Rule 8 of the said Rules, the State had merely specified the mode and manner of application thereof. The same was necessary having regard to the difficulty which may be caused to the employees who might have been receiving higher emoluments than the minimum prescribed under the revised pay scale at a point of time when the revised pay scale came into force. Furthermore, clauses (a) and (b) having regard to the rule of punctuation must be read separately. Even the decision referred to by the High Court, namely, IRC v. Hinchy 1960 AC 748, (1960) 1 All ER 505 (HL) shows that in modern statutes punctuation has a role to play.
17. In that view of the matter, we are of the view that there being no ambiguity in Rule 8(1)(a), the writ petitioners were only entitled to the minimum of the revised scale.
18. For the aforesaid reason, the appeals deserve to be allowed. The judgments under challenge are set aside.
19. The appeals are allowed. There shall be no order as to costs.
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