JUDGMENT : 1. The appellant, who was initially appointed in the post of Typist-cum-Stenographer under the Directorate of Indigenous Medicine, Department of Health & Family Welfare, Patna, assails the legality of a judgment delivered by the learned Single Judge on 8th November, 2016. In the judgment under appeal, the learned Single Judge has rejected the appellant’s plea for being considered in the Secretariat Cadre of the said service, on the basis of which he wanted his seniority fixed and other service benefits to be computed. In the judgment of the learned Single Judge, it has been recorded that the writ petitioner had failed to disclose or refer to any Rule/Circular/Guideline etc. under which he was absorbed on an equivalent post of Typist-cum-Stenographer in Secretariat Cadre. The appellant has taken out an interlocutory application registered as I.A. No. 1908 of 2018 in which, according to the appellant, he could claim such benefit. It is admitted position that the said rule was not before the learned First Court. Learned Additional Advocate General, however, submits that even on interpretation of that rule, the appellant would not be entitled to such benefit. 2. At the appellate stage, we do not think we ought to enter into the exercise of construction of Rules for the first time, which was not there before the learned First Court. The parties should be given chance to make out their case before the learned First Court based on such Rules. We accordingly, remand the matter to the learned First Court. Since we are remanding the matter, the decision of the learned First Court is required to be set aside, which we do in this judgment. We however make it clear that we are not invalidating the decision of the learned First Court for any flawed reasoning but for the sole purpose of reconsideration of the matter on the basis of the 2010 Rules. The said Rules, being Jharkhand Secretariat Service Rules, 2010, has been framed in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India by the Governor of Jharkhand. 3. The appeal is allowed to that extent. No order as to costs. As we are disposing of the main appeal, I.A. No. 1908 of 2018 shall stand disposed of.