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1989 Supreme(SC) 565

K.N.SINGH, KULDIP SINGH, M.H.KANIA
Namdeo Pundlik Kamble – Appellant
Versus
Nagpur Improvement Trust – Respondent


(1) THIS appeal is directed against the order of the High court of Bombay at Nagpur dated 15/04/1981 quashing the appellantS promo- tion 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 Improve- ment 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 the





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