NAMDEO PUNDLIK KAMBLE Vs. NAGPUR IMPROVEMENT TRUST

JUDGEMENT

(1.) This appeal is directed against the order of the High court of bombay at Nagpur dated 15/04/1981 quashing the appellants promotion to the post of Engineering Supervisor.

(2.) The appellant and respondents 2 to 4 have been employed as junior Engineers in the service of Nagpur Improvement Trust. The appellant was promoted to the post of Engineering Supervisor on 28/06/1976 on the footing that the post was reserved for Scheduled Caste employees of the Trust. Respondents 2 to 4 filed a writ petition before the High court challenging the validity of the appellants promotion on the ground that on the date of the appellants promotion the Improvement Trust had not adopted reservation policy declared by the State government, as such the appellant could not be promoted in preference to respondents 2 to 4. The High court held that since the Nagpur improvement Trust had not adopted the reservation policy declared by the State government prior to 1979 the appellants promotion to the post of Engineering Supervisor was illegal. There is no dispute that the reservation policy declared by the State government was adopted by the nagpur Improvement Trust on 24/05/1979, soon thereafter promotions have been made in accordance with the reservation policy. The high court further held that service conditions of the employees of the improvement Trust had been determined by the Almelkar Board and since there was no provision for reservation for promotion in that award employees of the Improvement Trust were not entitled to the benefit of reservation policy unless the award was modified.

(3.) Learned counsel for the appellant urged that in view of Article 16 (4 of the Constitution and further in view of the decision of the State government declaring the policy of reservation in all government services, the Improvement Trust was bound to follow the reservation policy,and the appellants promotion was in accordance with the said declared policy. We are not inclined to accept this submission as the Improvement trust being an autonomous body had not adopted the policy laid down by the government prior to 1979 but it adopted the said reservation policy on 24/05/1979. Therefore no employee of the Trust was entitled to avail of the benefits of reservation policy prior to 24/05/1979. We therefore agree with the High court that the appellants promotion made in 1976 was illegal,