Dutt, J. - (1.) As elaborate submissions have been made by both the parties at the preliminary hearing of the special leave petition, we proceed to dispose of the points involved in the case on merits after granting special leave.
(2.) The appeal is directed against the judgment of the Allahabad High Court striking down Rule 5-C of the Cantonment funds Servants Rules, 1937, hereinafter referred to as 'the Rules', as ultra vires the provisions of the Cantonment Act, 1924 and also quashing the impugned order of transfer dated October 27, 1986 passed by the GOC-in-Chief, Central Command.
(3.) The respondent, Dr. Subhas Chandra Yadav, was appointed a Sub-Charge, Cantonment General Hospital, Lucknow, by the Cantonment Board by the appointment letter dated 23-4-1969. He was confirmed in that post on 1-12-1969 by an order issued by the Cantonment Board. The conditions of service of the employees of the Cantonment Board, which is a statutory body, are governed by the provisions of the Rules. At the time of the appointment of the respondent, his services were not transferable as per the provisions of the Rules then prevailing. His appointment letter also did not include any condition for transfer from one Board to another.;