SC's relief to man after 30 years wait over three marks!

Updated on: Tuesday, November 15, 2011

Nearly 30 years after he appeared in a departmental exam ,the Supreme Court directed public sector United Commercial Bank to consider its stenographer case for award of 3 additional marks, which could make him eligible for promotion as an officer.

Prem Prakash Pahwa's plea for 3 additional marks weightage was rejected by the bank in a departmental exam held on January 17, 1982, on the ground that he holds only a postgraduate diploma and not a degree which could entitle him to the additional marks.

He had unsuccessfully fought a legal battle in the civil court and the Punjab Haryana High Court which rejected his plea, following which he appealed in the apex court.

Interpreting the rules, the apex court said though in 1975 it provided weightage for those holding either degree of diploma, the subsequent regulations framed in 1981 had a certain ambiguity and hence the benefit should go to the appellant.

"In our opinion, relevant Clause 3.1.2(F)(d)(ii) of the 1981 Promotion Policy is not happily worded or rather it is worded in a manner which would create confusion rather than help the aspirant.

"In such a situation, in our opinion, it will have to be interpreted in favour of the appellant, bearing in mind the fact that at one point of time, as per 1975 Promotion Policy, he was, in fact, given weight age of three marks as he possessed ‘Diploma in Office Organisation and Procedures of a recognised university.

"Considering the peculiar circumstances of this case, we think that interests of justice would be served if weightage of three (3) marks is given to him in the examination conducted on 17/1/1982," the bench said.

SC's relief to man after 30 years wait over three marks!

More Education news