Deemed, the meaning to be attached to the word 'deemed' must depend upon the context in which it is used. In Lalji Haridas's case (1964(6) SCR 700) the Supreme Court went elaborately into the question as to the extent of this deeming provision which would have been wholly redudant if the word 'deemed' in s. 171A(4) was used in any sense other than to give an artificial construction, Hira H. Advani v. State of Maharashtra, (1969) 2 SCC 662: AIR 1971 SC 44: (1970) 1 SCR 821.
The use of the word 'deemed' in r. 3(3)(b) of the Regulation of Seniority Rules indicates that the Govt. has the power to make a retrospective declaration because it is only after promotion that there is any occasion to consider whether the period of officiation prior to promotion will be counted for purposes of seniority, R.P. Khanna v. S.A.F. Abbas, (1972) 1 SCC 784: AIR 1972 SC 2350: (1972) 3 SCR 548.
The use of the word 'deemed' does not invariably and necessarily implies an introduction of a legal fiction but it has to be read and understood in the context of the whole statute, State of Karnataka v. Shri Ranganatha Reddy, (1977) 4 SCC 471: AIR 1978 SC 215: (1978) 1 SCR 647.
The word 'deemed' is used a great deal in modern legislation in different senses and it is not that a deeming provision is every time made for the purpose of creating a fiction. A deeming provision might be made to include what is obvious or what is uncertain or to impose for the purpose of a statute an artificial construction of a word or phrase that would not otherwise prevail, but in each case it would be a question as to with what object the legislature has made such a deeming provision, Consolidated Coffee Ltd. v. Coffee Board, (1980) 3 SCC 358: AIR 1980 SC 1468: (1980) 3 SCR 625.
The word 'deemed' used in the, section would mean, 'supposed', 'considered', 'construed', thought', 'taken to be' or 'presumed', Rishabh Agro Industries Ltd. v. Punjab National Bank Capital Services Ltd., AIR 2000 SC 1583 (1589): (2000) 5 SCC 515. (Companies Act, 1956, s. 441)
Deemed, when a thing is to be 'deemed' something else, it is to be treated as that something else with the attendant consequences, but it is not that something else, Ali M.K. v. State of Kerala, (2003) 11 SCC 632 (640).
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