The main legal point established in the judgment is that the extension of service tenure must adhere to the provisions of the applicable Service Rules, and any extension beyond the scope of the rules is liable to be set aside.

JUDGMENT

Anil Kshetarpal, J. - The challenged herein is to the order granting extension in the service to respondent No. 6 on the post of General Secretary Haryana in Indian Red Cross Society Haryana Branch for a period more than 3 years. There is only one post in the State. Originally, Respondent No. 6 was appointed for a period of 3 years. In other words he was given tenure posting.

2. In the considered view of this Court, the question which needs adjudication is

"Whether in absence of enabling power in the Service Rules, the period of tenure posting could be extended by the State or its instrumentalities?"

3. At the outset, it must be noticed that there is disagreement with regard to applicability of a particular set of Service Rules. There are three sets of Service Rules, which have been placed on file. The Managing Body of the Indian Red Cross Society at national level insists that the Rules framed by the National Body are applicable. Whereas the stand taken by the Haryana branch of the Society is entitled to frame its own rules and hence, the Indian Red Cross Society and St. John Ambulance (India) Haryana State Branch (Head Quarters) Staff Rules, 2017 (hereinafter referred to as "the Staff Rules 2017"), were made, approved and adopted and hence governed by the same. However, for the purpose of this writ petition, this Court, for the sake of arguments has accepted the stand of the Haryana State branch without finally opining as to which set of Rules are applicable. Further, although in the written statement, respondent No.6 has claimed that the writ petition is not maintainable as the petitioner has alternative remedy of filing petition before the Central Administrative Tribunal, however, at the time of arguments, no objection with regard to maintainability of writ petition was pressed. Therefore, this Court refrains from entering that arena.

4. From the material which has come on record, it is apparent that Indian Red Cross Society was constituted under Indian Red Cross Society Act, 1920 which was amended by the Parliament vide Act No.22 of 1956 and the adaptation of laws (4) Order of 1956. The Act has further been amended vide Act No.14 of 1992. At the National Level, His Highness the President of the Country is the President of the Society whereas at the State Level, it is his Highness, the Governor who is the President of the Society.

5. The President of the society (Haryana Branch) on 02.12.2013 appointed respondent no. 6 as General Secretary on a tenure post of three years, which reads as under:-

"The Hon'ble Governor of Haryana-President, Indian Red Cross Society (Haryana State Branch) is pleased to appoint/depute Shri D.R. Sharma, Secretary, District Red Cross Society, Faridabad as General Secretary, Indian Red Cross Society (Haryana State Branch) for a period of three years as provided under Rule G(b), Chapter III of the proposed IRCS-Uniform Rules State/UT branches made/circulated by the National Head Quarter, New Delhi under Section 5 of the Indian Red Cross Society Act, 1920 (as amended by Act No.22 of 1956 and Adaptation of laws (No.4) Order of 1957 and the Act No.14 of 1992) issued by the Government of India, Ministry of Health and Family Welfare (Department of Health) vide No.V.15014/19/2004- MS dated 19.08.2009 on the same terms, conditions and in the same pay scale as he is drawing as Secretary, District Red Cross Society, Faridabad.

The Hon'ble Governor of Haryana-President, St. John Ambulance Association, Haryana State Centre is further pleased to appoint/depute him as State Secretary of St. John Ambulance Association, Haryana State Centre under the provision of Clause 18 of the Constitution of St. John Ambulance Association, Haryana State Centre."

6. It is apparent from the reading of the order, that the appointment has been made under Rule G(b) Chapter III of the proposed IRCS-Uniform Rules, State/UT Branches Male/Circulated by National Headquarter, New Delhi under Section 5 of the Indian Red Cross Society A