TMI Blog1999 (8) TMI 1007X X X X Extracts X X X X X X X X Extracts X X X X ..... ineer (Civil), inter-alia, on the ground that there has been no rules framed by the State Government to promote people in the technical line and in the absence of such rule, it is not possible for the Trust/Board to appoint people either on the basis of any decision of the Board or under any executive instructions evolved by the Board. 2. The private respondents moved the High Court under Article 226 of the Constitution alleging that the posts of Engineering Supervisor and Assistant Engineer under the Board are required to be filled up by promotion from among the Junior Engineers. It was also alleged that the Trust had issued an advertisement in the year 1981 inviting applications for the post of Assistant Engineer laying down Degree in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s under which appointments can be made to the post under the Trust requiring professional skill and in the absence of such rules, the Trust is not empowered to make any appointment to such posts. Since admittedly, no rules have been framed, the appointments to the post of Assistant Engineer made by the Trust are invalid and accordingly such appointments were quashed. 3. Learned Counsel appearing for the appellant - Trust/Board contends that the view taken by the High Court in interpreting the provisions of the Trust Act is wholly unsustainable and such interpretation will create an administrative chaos in managing the affairs of the Trust. He, however, contended that in the service jurisprudence, it is an accepted rule that in the absenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court is in accordance with law. The Nagpur Improvement Trust Act, 1936 is in operation ever since its promulgation and has been operative in the field for more than 60 years. Section 21 of the Act conferring the power on the State Government to frame rules, reads thus: 21(1) Subject to rules as the [State] Government may make prescribing the conditions under which members of the staff appointed by the Trust to offices requiring professional skill may be appointed, suspended or dismissed, the Trust may from time to time fix the number and salaries of such permanent servants as it may think necessary and proper to assist in carrying out the purposes of this Act: Provided that the Trust may, with the previous sanction of the [State] Gov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Chairman may appeal to the Trust, whose decision shall be final. 6. The management of the Trust itself vests on the Trust/Board. Various provisions in the Act, however, make it clear that the State Government exercises effective control over the affairs of the Trust/Board. The control which the State Government exercises over the affairs of the Trust/Board is apparent from the provisions of Section 25 itself, which reads as under: 25. (1) The Chairman shall forward to the [State] Government a copy of the minutes of the proceedings of each meeting of the Trust within ten days from the date on which the minutes of the proceedings of such meeting were signed, as prescribed in Clause (g) of Sub-section (1) of Section 16. (2) If the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be of mandatory nature as has been held by the High Court, then it is difficult to comprehend that the Board is denuded of its general power of appointing and promoting people to different posts as provided under Section 22 of the Act. If the view of the High Court under the impugned judgment is taken to be correct then all appointments to different posts ever since 1936 have to be held to be invalid inasmuch as no rules have been framed by the State Government in exercise of the power under Section 21 of the Act. While interpreting the provisions of Section 21 of the Act, the High Court has lost sight of the general principle of service jurisprudence that in the absence of any statutory rules governing the service conditions of the employe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1936 (C.P. Act XXXVI of 1936), the Governor of the Central Provinces and Berar is pleased to make the following rules as to the conditions on which officers and servants of the Trust appointed to offices requiring professional skill may be appointed, suspended or dismissed: RULES 1. In the case of the officers specified below no post shall be created or abolished, and no alteration in the emoluments thereof shall be made without the approval of the Provincial Government, and every appointment to or dismissal from any of the undermentioned posts shall be subject to confirmation by the Provincial Government: (1) Executive Officer. (2) Trust Engineer. (3) Valuation Officer. 2. Subject to the provisions of Section 22 of the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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