ANIL KSHETARPAL,J. - (1.) 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.;