"45. ... ... ...The use of the expression 'or' does
appear to us to be a disjunctive as contended on
behalf of the respondent. Depending upon the
context,'or' may be read 'and' but the court would
not do it unless it is so obliged because 'or' does not
generally mean 'and' and 'and' does not generally
mean 'or'. (See Green v. Premier Glyrhonwy State
Company Ltd.', (1928) 1 KB 561; Babu Manmohan
Das & Ors. v. Bishun Das, AIR 1967 SC 643; Kamta
Prasad Aggarwal etc. v. Executive Engineer,
Balladgarh & Anr., (1974) 4 SCC 440 and several
other which we consider it unnecessary to
enumerate here)".
In R. Prabha Devi and others Vs. Government of
India through Secretary, Ministry of Personnel and Training,
Administrative Reforms and others, (1988) 2 SCC 233,
Hon'ble Supreme Court has held that seniority in a
particular cadre does not entitle a public servant for
promotion to a higher post unless he fulfills the eligibility
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...16...
"45. ... ... ...The use of the expression 'or' does
appear to us to be a disjunctive as contended on
behalf of the respondent. Depending upon the
context,'or' may be read 'and' but the court would
not do it unless it is so obliged because 'or' does not
generally mean 'and' and 'and' does not generally
mean 'or'. (See Green v. Premier Glyrhonwy State
Company Ltd.', (1928) 1 KB 561; Babu Manmohan
Das & Ors. v. Bishun Das, AIR 1967 SC 643; Kamta
Prasad Aggarwal etc. v. Executive Engineer,
Balladgarh & Anr., (1974) 4 SCC 440 and several
other which we consider it unnecessary to
enumerate here)".