T N HOUSING BOARD Vs. N BALASUBRAMANIUM

JUDGEMENT

(1.) The Tamil Nadu Housing Board (for short "the Board") is established and constituted under an Act known as the T. N. State Housing Board Act, 1961 (hereinafter referred to as "the Act").

(2.) For carrying out the purposes of the Act, the Board employs a number of employees. Under Sections 17 and 19 of the Act, the Board has framed regulations known as the T. N. State Housing Board Service Regulations, 1969 (hereinafter referred to as "the Regulations"). Under the Regulations, the posts of Assistant Executive Engineer are to be filled up from two sources 75 per cent of posts are to be filled up through direct recruitment amongst those who hold Engineering degree and 25 per cent of the posts are to be filled up from amongst the Junior Engineers and diploma-holders and Chief head Draftsman/head Draftsman and Senior Drafts Officer. Under the regulations, a Junior Engineer is eligible for promotion to the post of assistant Executive Engineer only on completion of 10 years of service as a junior Engineer, whereas in the case of Chief Head Draftsman/head draftsman the eligibility criteria is of having put in not less than 15 years as a draftsman.

(3.) The Board on the basis of the aforesaid Regulations prepared a panel from amongst the persons eligible from feeder categories for promotion to the posts of Assistant Executive Engineer. In the said panel, the names of the respondents herein were not included on account of the fact that they have not put in 15 years of service as Draftsman. Aggrieved, the respondents challenged the panel so prepared by the Board by means of a petition under article 226 of the Constitution. The High Court dismissed the writ petition. On a writ appeal being filed by the respondents, the High Court was of the view that since no quota was provided for the purpose of promotion to the posts of Assistant Executive Engineer the executive order dated 13-10-1984 would apply. In that view of the matter, the writ appeal was allowed, the panel prepared by the Board was set aside and the Board was directed to create supernumerary posts for the purpose of promotion of the respondents to the post of Assistant Executive Engineer. It is in this way, the appellant board is in appeal before us.