1. The appeal is directed against the order of the High Court of Bombay at Nagpur dated April 15, 1981 quashing the appellant's 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 June 28, 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 appellant's promotion on the ground that on the date of the the appellant's 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 appellant's 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 May 24, 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 sine there was not 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 appellant's 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 May 24, 1979. Therefore no employee of the Trust entitled to avail of the benefits of reservation policy to May 24, 1979. We therefore agree with the High Court that the appellant's promotion made in 1976 was illegal


4. Learned counsel urged that orders issued under Article 16 (4) will override statutory rules regulating the conditions of service for promotion, he placed reliance on a Full Bench decision of the Punjab & Haryana High Court in Kanwal Parkash v. Sate of Punjab. No doubt the Full Bench decision of the Punjab & Haryana High Court supports the appellant's contention but we do not consider it necessary in the facts of this case to determine the question. We leave the question open to be decided in an appropriate case


5. Learned counsel then assailed the High Court's view that the reservation policy could not be applied even after 1979 in view of the award. We do not find merit in this submission. Almelkar Award had been given under the provisions of the Industrial Disputes Act revising the pay scales and the channel of promotion of the employees of the Trust. The award did not lay down other conditions of service of the employees of the Trust. We find that the chart annexed to the award, a copy of which has been filed on the record, indicates the existing pay scales and the revised pay scales as determined by the award are specified at entry 19 which relates to the Engineering Supervisor. In the remarks column there is an observation that the post may be filled from existing scale according to seniority-cum-merit but this remark is made with reference to the registers of the Trust. This indicates that the authority making the award did not decide the question of promotion instead it made reference to the existing provisions contained in the Trust's registers and books. On perusal of the various columns in the chart annexed to the award we are of the view that the observations contained in the remarks column are not part of the award and they are not binding. The service conditions of the employees of the Trust are not regulated by those observations. In this view, we are unable to sustain the view taken by the High Court


6. Since the Improvement Trust itself adopted the policy of reservation with effect from May 24, 1979, the appellant being the seniormost Scheduled Caste employee was entitled to be considered for promotion to the post of Engineering Supervisor with e

ffect from May 24, 1979. Since the appellant has been reverted in pursuance to the High Court's order, his case for; promotion, should be considered with effect from May 24, 1979 and in the absence of any adverse remark against him between the period 1976-79 he should be promoted to the post of Engineering Supervisor together with all consequential benefits of service 7. We accordingly allow the appeal partly and modify High Court's order to the aforesaid extent. There will be no order as to costs.