B.PREMANAND & OTHERSversusMOHAN KOIKAL & OTHERS

                        [2011] 3 S.C.R. 932


A                   B.PREMANAND & OTHERS
                                  v.
                    MOHAN KOIKAL & OTHERS
                  (Civil Appeal No. 2684 of 2007)

                          MARCH 16, 2011
B
    [MARKANDEY KATJU AND GYAN SUDHA MISRA, JJ.]

        Kera/a State and Subordinate Services Rules, 1959:
   r.27(c) - Seniority - Post of Block Development Officer -
C lnter-se seniority between the general category candidates
   (private respondents) and the Scheduled Caste/Scheduled
   Tribe candidates (appellants) - Rank list for the respondents
   prepared after due selection in 1987 but effective advice sent
   in 1993 and appointment made in 1993 - Rank list with regard
o to appellants published in 1992 and first effective advice made
   in 1992 and appointed during the year 1992 - r.27(C) states
   that seniority is to be determined by the date of first effective
   advice made by the Public Service Commission to the State
   Government for appointment - r.27(C) is plain and clear -
E Therefore, the literal rule of interpretation would apply to it -
   In view of r.27(C), appellants were senior to the private
   respondents, as the advice of their appointments was made
   prior to that of the respondents -No doubt, equity may be in
   favour of the respondents because they were selected earlier,
F but in case of conflict between equity and the law, it is the law
   which must prevail - The law, which is contained in r.27(c), is
   clearly in favour of the appellants - Service Law - Seniority
 • - Equity - Interpretation of statutes.
        Mis. Hiralal Ratanlal vs. STO AIR 1973 SC 1034 - relied
G on.

        Dali/ah Sojah vs. State of Kera/a & Others (1998) 9 SCC
    641 - distinguished.

H                                932
 B.PREMANAND & ORS. v. MOHAN KOIKAL & ORS. 933


    Shankarsan Dash vs. Union of India AIR 1991 SC 1612          A
- referred to.
    Interpretation of statutes:

     Literal Rule of Interpretation - First and foremost
principle of interpretation of a statute in every system of B
interpretation is the literal rule of interpretation - The other ;
rules of interpretation e.g. the mischief rule, purposive
interpretation etc.can only be resorted to when the plain words
of a statute areambiguous or lead to no intelligible results or
if read literally nullify the very object of the statute - Where C
the words of a statute are absolutely clear and unambiguous,
recourse cannot be had to the principles of interpretation other
than the literal rule - Departure from the literal rule should
only be done in very rare cases, and ordinarily there should
be judicial restraint in this connection.                          D
     Mimansa Rules of Interpretation - Held: Are India's
traditional principles of interpretation used for thousand of
years by Indian jurists.

    Principles of interpretation - Held: Are not principles of    E
law but are only a methodology for explaining the meaning
of words used in a text ~ Any system of interpretation which·
can help to resolve a difficulty can be utilised.

     Swedish Match AB v. Securities and Exchange Board, F
India AIR 2004 SC 4219; Prakash Nath Khanna v. C.I. T.
2004 (9) SCC 686; Delhi Financial Corporation v. Rajiv
Anand 2004 (11) SCC 625; Government of Andhra Pradesh
v. Road Rollers Owners Welfare Association 2004 (6) SCC
210; J.P. Bansal v. State of Rajasthan & Anr. AIR 2003 SC G
1405; State of Jharkhand & Anr. v. Govind Singh JT 2004(10)
SC 349; Jinia Keotin v. K. S. Manjhi 2003 (1) SCC 730; Shiv
Shakti Co-operative Housing Society v. Swaraj Developers
AIR 2003 SC 2434; Grasim Industries Limited v. Collector of
Customs 2002 (4) SCC 297; Union of India v. Hamsoli Devi H
    934      SUPREME COURT REPORTS                   [2011] 3 S.C.R.

A 2002 (7) SCC 273; District Mining Officer v. Tata Iron and
  Steel Company 2002 (7) SCC 358; Gurudevdatta VKSSS .
  Maryadit v. State of Maharashtra AIR 2001 SC 980; S. Mehta
  v. State of Maharashtra 2001 (8) SCC 257; Patangrao
  Kaddam v. Prithviraj Sajirao Yadav Deshmugh AIR 2001 SC
B 1121; CIT v. Keshab Chandra Manda/ AIR 1950 SC 265;
  Pandian Chemicals Ltd. v. C.I. T. 2003(5) SCC 590;
  Narsiruddin v. Sita Ram Agarwal AIR 2003 SC 1543; Bhaiji
  v. Sub-Divisional Officer, .Thandla 2003(1) SCC 692 - relied
  on.
c         Grundy v. Pinniger (1852) 1 LJ Ch 405 - referred to.
        'Of Law & Men : Papers and Addresses of Felix
    Frankfurter; G.P. Sihgh's Principles of Statutory Interpretations,
    9th Edn. - r~ferred to.
D
          Mimansa Rules of Interpretation - referred to.
                          Case Law Reference:
      (1998) 9 sec 641              distinguished      Para 12
E     AIR 1991 SC 1612              referred to        Para 12
      AIR 1973 SC 1034              relied on          Para 15
      AIR 2004 SC 4219              relied on          Para 16

F      2004 (9) sec 686             relied on          Para 16
      2004 (11) sec 625             relied on          Para 16
      2004 (6) sec 210              relied on          Para 16
      (1852) 1 LJ Ch 405            referred to        Para 18 ·
G
      AIR 1950 SC 265               relied on          Para 21
      2003(5) sec 590              relied on           Para 22
      AIR 2003 SC 1543             relied on           Para 23
H
B.PRE.MANAND & ORS. v. MOHAN KOIKAL & ORS. 935


     2003(1) sec 692           relied on        Para 23         A
 · AIR 2003 SC 1405            relied on        Para 24
     JT 2004(10) SC 349        relied on        Para 24
     2003 (1) sec 730          relied on        Para 24
                                                                B
     AIR 2003 SC 2434          relied on        Para 2!)

     2002 (4) sec 297          relied on        Para 26
     2002 (7) sec 213          relied on        Para 26, 27
                                                                c
 . ·2002 (7) sec 358           relied on        Para 28

     AIR 2001 SC 1980          relied on        Para 29
                                                      .
     2001 (8) sec 2s1          relied on        Para 30
     AIR 2001 SC 1121          relied on        Para 30         D

    CIVIL APPELLATE JURISDICTION : Civil Appeal No.
2684 of 2007.

    From the Judgment & Order dated 24.5.2006 of the High
                                                                E
Court of Kerala at Ernakulum in Writ Appeal No. 1774 of 2003-
c.
    Syed Shahid Hussain Rizvi and D.K. Pradhan for the
Appellants.
                                                                F
    V. Shekhar, S. Ganesh (for V. Sivasubramanian), G.
Prakash and Vipin Nair (for Temple Law Firm) for the
Respondent.

      The following Order of the Court was delivered
                                                                G
                          ORDER
      Heard learned counsel for the parties.

      This Appeal has been filed against the impugned
                                                                H
    936       SUPREME COURT REPORTS                 [2011] 3 S.C.R.

A judgment/order of the Full Bench of the High Court of Kerala at
  Ernakulam dated 24th May, 2006 passed in Writ Appeal No.
  1774 of 2003. By that judgment the writ appeal filed by the
  appellants against the judgment of a learned Single Judge
  dated 24th September, 2003 has been dismissed.
B
    , The facts have been set out in the impugned judgment and
  hence we are not repeating the same here except wherever
  necessary.
       The dispute in this appeal is about the inter se seniority
C on the post of Block Development Officer between the general
  category candidates {the respondent Nos.1 to 5 herein) and the
  Scheduled Caste/Scheduled Tribe candidates {the appellants
  herein).

D        The rule relevant for this purpose is Rule 27{c) of the
    Kerala State and Subordinate Services Rules, 1959 {for short
    'the Rules'), which states: ·
          "27{c) Notwithstanding anything contained in clauses {a)
          and {b) above, the seniority of a person appointed to a
E         class, category or grade in a service on the advice of the
          Commission shall, unless he has been reduced to a lower
          rank as punishment, be determined by the date of first
          effective advice made for his appointment to such class,
          category or grade and when two or more persons are
F         included in the same list of candidates advised, their
          relative seniority shall be fixed according to the order in
          which their names are arranged in the advice list.•
      A perusal of the above rule shows that seniority is to be
G determined by the date of first effective advice made by the
  Public Service Commission to the State Government for
  appointment.
         Admittedly, in the present case, the first effective advice
    for the appellants was made by the Kerala Public Service
H
  B.PREMANAND & ORS. v. MOHAN KOIKAL & ORS. 937


 Commission on 8.7.1992, and they joined between 13.8.1992             A
 and 22.10.1992 whereas the advice for the respondent Nos. 1
 to 5 was made on 6.4.1993, and they were appointed as B.D.O.
 On 28.9,1993 and they joined between 6.10. 1993 and
 17.11.1993. Hence, it is obvious from Rule 27(c) of the Rules
 that the appellants are senior to the private respondents.            B
 However, both the learned Single Judge and Full Bench have
 held in favour of the respondents.

      We have carefully perused the judgments of the Full Bench
 and the learned Single Judge, and we regret we cannot agree           C
 with them.

       The Full Bench and Single Judge have relied on equity,
 justice and good conscience, rather than law. We are of the
· opinion that this approach is incorrect. When there is a conflict
  betwe!3n law and equity, it is the law which is to prevail. Equity   D
  can only supplement the lawwhen there is a gap in it, but it
  cannot supplant the law.
     In the present case, .Rule 27(c) clearly makes the
 appellants senior to the respondents as the advice for their          E
 appointments were made prior to. that for the respondents.
       Mr. V.Shekhar, learned senior counsel, appearing for the
  private respondents, however, submitted that due to certain
  obstructions for which the private respondents are not to be
· blamed, their first effective advice was sent later. Mr. Shekhar     F
  submitted that the rank list for the respondents was prepared
  after due selection on 25.11.1987, but the advice was not sent
  by the Public Service Commission till 1993 because of a letter
  dated 30.11.1988 issued by the Chief Secretary, Kerala
  Government directing the Commissioner of Rural Development           G
  to start applying the ratio in respect of cadre strength instead
  of the practice being followed. Since the respondents' rank list
  was expiring on 24.11.1990, they apprehended that they would
  not get appointment, and hence they filed writ petition No. 9161
·of 1989 in the High Court. Ultimately, the writ petition was          H
    938      SUPREME COURT REPORTS                   [2011] 3 S.C.R.

A allowed and the order of the Chief Secretary set aside, but in
  the meantime, the State Government issued notification dated
  5.12.1989 ir.viting applications from SC/ ST candidates for
  appointment as B.D.Os. under the special recruitment as per
  Rule 17A of the Rules. The rank list with regard to these SC/
B ST candidates was published on 20.6.1992, and hence they
  were appointed before the candidates whose rank list was
  published in 1987 (the respondents herein). However, under
  Rule 27(c) what has to be seen for determining seniority is not
  the date when the rank list was published but the date when
c the advice was sent.
       Mr. Shekhar has relied on the decision of this Court in
  Dali/ah Sojah vs. State of Kera/a & Others, (1998) 9 SCC 641.
  That decision, in our opinion, is clearly distinguishable as it
  makes no reference to Rule 27(c) of the Rules. Moreover, the
D observation therein that "when two vacancies arose on 6.10. 72
  the appellant had a right to be appointed against one of the
  vacancies" is clearly against the settled legal position that even
  a selected candidate has no indefeasible right to be appointed
  vide Constitution Bench decision in Shankarsan Dash vs.
E Union of India, AIR 1991 SC 1612, and several decisions
  thereafter.

       In our opinion, Rule 27(c) of the Rules is plain and clear.
  Hence, the literal rule of interpretation will apply to it. No doubt,
F equity may be in favour of the respondents because they were
  selected earlier, but as observed earlier, if there is a conflict
  between equity and the law, it is the law which must prevail. The
  law, which is contained in Rule 27(c), is clearly in favour of the
  appellants.
G         Hence, we cannot accept the submission of the learned
    senior counsel for the private respondents. The language of
    Rule 27(c) of the Rules is clear and hence we have to follow
    that language.

H
 B.PREMANAND & ORS. v. MOHAN KOIKAL & ORS. 939


     In Ml$. Hirata/ Ratanlal vs. STO, AIR 1973 SC 1034, this          A
 Court observed:
     "In construing a statutory provision the first and foremost
     rule of construction is the literaly construction. All that the
     Court has to see at the very outset is what does the              8.
     provision say. If the provision is unambiguous and if from
     the provision the legislative intent is clear, the Court need
     not call into aid the other rules of construction of statutes.
     The other rules of construction are called into aid only when
     the legislative intent is not clear."
                                                                       c
                                             (emphasis supplied)

        It may be mentioned in this connection that the first and
  foremost principle of interpretation of a statute in every system
  of interpretation is the literal rule of interpretation. The other D
  rules of interpretation e.g. the mischief rule, purposive
  interpretation etc. can only be resorted to when the plain words
  of a statute are ambiguous or lead to no intelligible results or if
  read literally would nullify the very object of the statute. Where
  the words of a statute are absolutely clear and unambiguous, E
  recourse cannot be had to the principles of interpretation other
  than the literal rule, v:.:le Swedish Match AB vs. Securities and
  Exchange Board, India, AIR 2004 SC 4219. As held in
· Prakash Nath Khanna vs. C.I. T. 2004 (9) SCC 686, .the
  language employed in a statute is the determinative factor of
  the legislative intent. The legislature is presumed to have made F
  no mistake. The presumption is that it intended to say what it
  has said. Assuming there is· a defect or an omission in the
  words used by the legislature, the Court cannot correct or make
  up the deficiency, vide Delhi Financial Corporation vs. Rajiv
  Anand 2004 (11) SCC 625. Where the legislative intent is clear G
  from the language, the Court should give effect to it, vide
Government of Andhra Pradesh vs. Road Rollers Owners
Welfare Association 2004(6) SCC 210, and the Court should
not seek to amend the law in the garb of interpretation.
                                                                       H
    940       SUPREME COURT REPORTS                   [2011) 3 S.C.R.


A       As stated by Justice Frankfurter of the U.S. Supreme
    Court (see 'Of Law & Men : Papers and Addresses of Felix
    Frankfurter') :

          "Even within their area of choice the courts are not at large.
          They are confined by the nature and scope of the judicial
B
          function in its particular exercise in the field of
          interpretation. They are under the constraints imposed by
          the judicial function in our democratic society. As a matter
          of verbal recognition certainly, no one will gainsay that the
          function in construing a statute is to ascertain the meaning
c         of words used by the legislature. To go beyond it is to usurp
          a power which our democracy has lodged in its elected
          legislature. The great judges have constantly admonished
          their brethren of the need for discipline in observing the
          limitations. A judge must not rewrite a statute, neither to
D         enlarge nor to contract it. Whatever temptations the
          statesmanship of policy-making might wisely suggest,
          construction must eschew interpolation and evisceration.
          He must not read in by way of creation. He must not read
          out except to avoid patent nonsense or internal
E         contradiction."
        As observed by Lord Granworth in Grundy v. Pinniger,
    (1852) 1 LJ Ch 405:

          " 'To adhere as closely as possible to the literal meaning
F         of the words used, is a cardinal rule from which if we
          depart we launch into a sea of difficulties which it is not
          easy to fathom."
        In other words, once we depart from the literal rule, then
G any number of interpretations can be put to a statutory provision,
  each Judge having a free play to put his own interpretation as
  he likes. This would be destructive of judicial discipline, and also
  the basic principle in a democracy that it is not for the Judge
  to legislate as that is the task of the elected representatives of
H the people. Even if the literal interpretation results in hardship
 8.PREMANAND & ORS. v. MOHAN KOIKAL & ORS. 941 ·


or inconvenience, it has to be followed (see G.P. Singh's A
Principles of Statutory Interpretations, 9th Edn. pp 45-49).
Hence departure from the literal rule should only be done in very
rare cases, and ordinarily there·should be judicial restraint in
this connection.
                                                                       8
    As the Privy Council observed (per Viscount Simonds,
LC.):                .

     "Again and again, this Board has insisted that in
     construing enacted words we are not concerned with the
     policy involved or with the results, injurious or otherwise, C
     which may follow from giving effect to the language
     used."(see Emperor v. Benoari/al Sarma, AIR 1945 PC
     48, pg. 53).

   As observed by this Court in CIT vs. Keshab Chandra                 0
Manda/, AIR 1950 SC 265:     .

     "Hardship or inconvenience cannot alter the meaning of the
     language employed by the Legislature if such meaning is
     clear on the face of the statute".
                                                                       E
     Where the words are unequivocal, there is no scope for
importing any rule of interpretation vide Pandian Chemicals
Ltd. vs. c.1. r. 2003(5) sec 590.

      It is only where the provisions of a statute are ambiguous       F
that the Court can depart from a literal or strict construction vide
Narsiruddin vs. Sita Ram Agarwal AIR 2003 SC 1543. Where
the words of a statute are plain and unambiguous effect must
be given to them vide Bhaiji vs. Sub-Divisional Officer,
Thandf;. 2003(1) sec 692.
                                                                       G
     No dow... t in some exceptional cases departure can be
made from the ln~ral rule of the interpretation, e.g. by adopting
a purposive construction, Heydon's mischief rule, etc. but that
should only be done in very exceptional cases. Ordinarily, it is
not proper for the Court to depart from tti"' literal rule as that     H


                         .. ~
    942       SUPREME COURT REPORTS                  [2011) 3 S.C.R.


A   w<>uld really be amending the law in the garb of interpretation,
    which is not permissible vide J.P. Bansal vs. State of
    Rajasthan & Anr. AIR 2003 SC 1405, State of Jharkhand &
    Anr. vs. Govind Singh JT 2004(10) SC 349 etc .. It is for the
    legislature to amend the law and not the Court vide State of
8   Jharkhand & Anr. vs. Govind Singh JT 2004(10) SC 349. In
    Jinia Keotin vs. K.S. Manjhi, 2003 (1) SCC 730, this Court
    observed:

          " The Court cannot legislate ..... under the garb of
          interpretation .......".
c
         Hence, there should be judicial restraint in this connection,
    and the temptation to do judicial legislation should be e~.;hewed
    by the Courts. !n fact, judicial legislation is an oxymoron.

0       In Shiv Shakti Co-operative Housing Society vs. Swaraj
    Developers AIR 2003 SC 2434, this Court observed:
          "It is a well settled principle in law that the Court cannot
          read anything into a statutory provision which is plain and
          unambiguous. A statute is an edict of the legislature. The
E         language employed in a statute is the determinative factor
          of legislative intent."

        Where the language is clear, the intention of the legislature
    has to be gathered from the language used vide Grasim ·
F   Industries Limited vs. Collector of Customs 2002 (4) SCC 497
    and Union of India vs. Hamsoli Devi 2002 (7) SCC 273.

        In Union of India and another vs. Hanso/i Devi and others
    2002(7)SCC (vide para 9), this Court observed :

G        "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 grounds that
H
  B.PREMANAND & ORS. v. MOHAN KOIKAL & ORS. 943


     such construction is more consistent with the alleged object A
     and policy of the Act."

       The function of the Court is only to expound the law and
  not to legislate vide District Mining Officer vs. Tata Iron and
  Steel Company 2002 (7) SCC 358. If we accept the B
  interpretation canvassed by the learned counsel for the private
. respondents, we will really be legislating because in the guise
 of interpretation we will be really amending Rule 27(c) of the
  Rules.

    In Gurudevdatta VKSSS Maryadit vs. State of C
 Maharashtra AIR 2001 SC 1980, this Court observed :

      "It is a cardinal principle of interpretation of statute that the
      Words of a statute must be understood in their natural,
      ordinary or popular sense and construed according to their o
      grammatical meaning; unless such construction leads to
      some absurdity or unless there is something in the context
      or in the object of the statute to suggest to the contrary.
      The golden rule is that the words of a statute must prima
      facie· be given their ordinary meaning. It is yet another rule E
      of construction that when the words of the statute are clear,
      plain and unambiguous, then the Courts are bound to give
    · effect to that meaning, irrespective of the consequences.
      It is said that the words themselves best declare the
      intention of the law-giver. The Courts are adhered to the F
      principle that efforts should be made to give meaning to
    ·each and every word used by the legislature and it is not
      a sound principle of construction to brush aside words in
      a statute as being inapposite surpluses, if they can have
      a proper application in circumstances conceivable within
      the contemplation of the statute•.                                G

      · The same view has been taken by this Court in S~ Mehta
· vs. State of Maharashtra 2001 (8) SCC 257 (vide para 34) and
 Patangrao Kaddam vs. Prithviraj Sajirao Yadav Deshmugh
 AIR 2001 SC 1121.                                                    H
    944      SUPREME COURT REPORTS                   [2011) 3 S.C.R.

A        The literal rule of interpretation really means that there
    should be no interpretation. In other words, we should read the
    statute as it is, without distorting or twisting its language.
          We may mention here that the literal rule of interpretation
    is not only followed by Judges and lawyers, but it is also followed
8
  . by the lay man in his ordinary life. To give an illustration, if a
    person says "this is a pencil", then he means that it is a pencil;
    and it is not that when he says that the object is a pencil, he
    means that it is a horse, donkey or an elephant. In other words,
    the literal rule of interpretation simply means that we mean what
C we say and we say what we mean. If we do not follow the literal
    rule of interpretation, social life will become impossible, and we
    will not understand each other. If we say that a certain object is
    a book, then we mean it is a book. If we say it is a book, but
   we mean it is a horse, table or an elephant, then we will not!:-""
D able to communicate with each other. Life will become
    impossible. Hence, the meaning of the literal rule of
    interpretation is simply that we mean what we say and we say
   what we mean.
E         In this connection, we may also refer to the Mimansa Rules
    of Interpretation which were our traditional principles of
    interpretation used for thousand of years by our jurists. It is
    deeply regrettable that in our law courts today these principles
    are not cited. Today, our so called educated people are largely
F   ignorant about the great intellectual achievements of our
    ancestors, and the intellectual treasury which they have
    bequeathed to us. The Mim;msa Rules of Interpretation are one
    of these great achievements, but regrettably they are hardly ever
    used in our law courts.
G        It may be mentioned that it is not stated anywhere in the
    Constitution of India that only Maxwell's Principles of
    Interpretation can be utilised. We can utilise any system of
    interpretation which can help to resolve a difficulty. Principles
    of interpretation are not principles of law but are only a
H
 B.PREMANAND & ORS. v. MOHAN KOIKAL & ORS. 945


methodology for explaining the meaning of words used in a text.           A
There is no reason why we should not use Mimansa Principles
of Interpretation in appropriate occasions.

     In Mimansa, the literal rule of interpretation is known as the
'Shruti' or Abhida' Principle. This is illus.trated by the Garhapatya     8
nyaya (In Mimansa Maxims are known as nyayas). There is the
vedic verse· "A.indrya garhapatyam upatishthate", which means
"By the i~1e:mtra addressed to Indra establish the household fire."
This verse can possibly have several meanings viz. (1) worship
Indra (2) worship Garhapatya (the household fire) (3) worship             C
both, or (4) worship either.

     However, since the word 'Garhapatyam' is in the objective
case, the verse has only one. meaning, that is, 'worship
Garhapatya'. The word 'Aindrya' means 'by Indra', and hence
the verse means that by verses dedicated to Indra one should              D
worship Garhapatya. The word 'Aindrya' in this verse is a Unga,
(in Mimansa Unga means the suggestive power of a word),
while the words 'Garhapatyam Upatishthate' are the Shruti.
According to the Mimansa principles, the Shruti (literal
meaning) will prevail over the Unga (suggestive power).                   E

     It is not necessary to go into details, but reference can be
made to the Book 'Mimansa Rules of Interpretation' by
K.L.Sarkar which is a collection of Tagore Law Lectures
delivered by him in 1909. According to the Mimansa Principles,
the Sruti Principle or literal rule of interpretation will prevail over   F
all other principles, e.g., Unga, Vakya, Prakarana, Sthana,
Samakhya etc.

     As a result of the above discussion, this appeal is allowed
and the impugned judgment of t~e Fu!I Bench of the High Court             G
as also the judgment of the learned Single Judge are set aside
and the writ petition filed by the private respondents before the
High Court is dismissed. No costs.

D.G.                                               Appeal allowed.        H