Judgment

R. S. BACHAWAT

( 1 ) THE respondent was a class III employee in the statistical department of the Mysore State Road Transport Corporation In October 1981, he was temporarily promoted to act as statistical superintendent at Hassan. On 21/07/1964, the General Manager of the Corporation issued a notice inviting applications for appointments to class II Junior posts of (a) assistant/divisional statisticians and (b) labour welfare officers on a pay of Rupees 220/- per month in the pay scale of Rupees 220-15-400-EB-20-500 plus the usual dearness and other allowances admissible under the Rules. On 11/08/1964, the respondent filed a writ petition in the High Court at Mysore claiming that the Corporation had no power to issue the notice and praying for an order quashing it. The High Court allowed the petition and quashed the notice. The Corporation has filed this appeal by special leave. For the proper appreciation of the point in issue, it is necessary to read Sections 14, 19 (1) (a), 19 (1) (b) 19 (1) (c), 34, 45 (1) and 45 (2) (c) of the Road Transport Corporations Act, 1950 (Act No. 64 of 1950) :

"14. (1) Every Corporation shall have a Chief Executive Officer or General Manager an