IMPORTANT POINT
When a provision is not happily worded, the benefit would accrue to the incumbent.

Judgment :-

(SMT.) RANJANA PRAKASH DESAI, J.

1. Delay condoned.

2. Leave granted.

3. This appeal, by grant of special leave, is directed against the judgment and order dated 25/8/2009 passed by the Punjab & Haryana High Court dismissing Civil Regular Second Appeal No.145 of 1986 filed by the appellant.

4. Respondent 1-Bank holds tests for promotion to the officers grade. It has framed rules for examination for promotion to the officer's grade. Under the rules, marks are awarded to written tests, interviews and qualifications, etc. The rules reflect the policy and procedure of respondent 1, inter alia, for promotion to the officer's grade and, hence, are described as the `Promotion Policy'.

5. The appellant, who is appearing in person, joined the service of respondent 1 in the year 1973 as a Stenographer in clerical cadre. He passed his graduation in the year 1973 from the Punjab University. He obtained Diploma in Office Organization and Procedures in the year 1979 from the said university. It is a `Post Graduate Diploma" recognized by the Academic Council of the Punjab University. Respondent 1-Bank conducted examination in the year 1979 for promotion to the officers grade. According to the appellant, weightage of three (3) marks was given to him as per the Promotion Policy of respondent 1 for the year 1975, which was in vogue at that time as he had obtained Diploma in Office Organization and Procedures. But, the appellant could not qualify in the said exam because he obtained less marks under other heads. He again appeared for the same examination on 17/1/1982. His case is that the Diploma granted by the Punjab University entitled him to weightage of three (3) marks as contemplated in Clause 3.1.2 (F)(d)(ii) of the 1981 Promotion Policy of respondent 1, which held the field at that time. He was not given weightage of three (3) marks because he did not possess `Post Graduate Degree'. The appellant, therefore, filed a suit for declaration that he is entitled to the weightage of three (3) marks as he possessed `Post Graduate Diploma'. In view of Clause 3.1.2 (F)(d)(ii) read with foot note (b) of Chapter (1) of the 1981 Promotion Policy of respondent 1, the trial court decreed the suit and held that he was entitled to weightage of three (3) marks. The lower appellate court set aside the said decree.

The High Court upheld the order of lower appellate court.

Hence, this appeal, by special leave.

6. We have heard the appellant, at some length and also learned counsel for the respondents.

7. We are concerned with interpretation of Clause 3.1.2 (F)(d)(ii) read with foot note (b) of Chapter (1) of the 1981 Promotion Policy of respondent 1. For better appreciation of the appellant's contention, it is also necessary to have a look at the relevant provisions of the Promotion Policy of respondent 1 of the years 1975, 1981 and 1988.

8. Clause III B(4)(d) of Chapter 1 of Part I of the 1975 Promotion Policy of respondent 1 reads as under :

"PART - I

CHAPTER 1 - PROMOTION TO OFFICER'S CADRE

III. PROMOTION TO THEBANK'S OFFICERS' CADRE:

A. xxx xxx xxx

B. Written Test and Interview.

(1) xxx xxx xxx

(2) xxx xxx xxx

(3) xxx xxx xxx

(4) Allocation of the marks for the written test, interview, length of service and qualifications. Particulars Maximum Marks Allotted

(a) Written Test 25

(b) Interview 15

(c) Length of service in the clerical cadre (2 marks of each complete - see Note under sub-para (ii) above- subject to a maximum of 40 marks). 40

(d) Qualifications:

(i) Graduation from a recognized University 6

(ii) Institute of Bankers Examination : Part - I 3 Part - II 6

(iii) Double graduation or Master's Degree, from a recognized University or a Post-graduate 3 Diploma of a recognized University or Institute.

(iv) Graduation in commerce from a recognized University with 50% or over of average 2 20 marks.

......... .........

100

.........

Thus, as per 1975 Promotion Policy, a person holding Post Graduate Diploma of a recognized univers