SANTHAN KAMALANATHAN Vs. TAMIL NADU HOUSING BOARDMADRAS

JUDGEMENT

(1.) The petitioner is a Super-intendent in the Tamil Nadu Housing Board ( for short the Housing Board). She originally joined the service of the Housing Board as a junior assistant. She has filed the writ petition for the issue of a writ of declaration declaring that the amendment made by the Housing Board in its Resolution No.102 dt. 31-3-1981 and approved by the Government in G. O. Ms. No. 921 Housing and Urban Development dt. 22-10-1981 null and void.

(2.) The Housing Board was constituted under the Tamil Nadu State Housing Board Act. 1961 ( for short the Act). In exercise of the powers conferred under the Act of the Housing Board framed service regulations. Appendix A II Item (8) provides that a candidate for appointment as assistant (1) must be a graduate of a recognised university and (2) must have passed the Government Accounts Test for Subordinate Officers, Part I. On 17-6-1975 the State Government issued G.O. Ms. 648 Housing Department confirming and approving an amendment to the service regulations. The said amendment stated that the qualification for appointment as an assistant and as a clerk in the Housing Board would be the minimum general educational qualification prescribed by the Government. At this stage it may be mentioned that in W. P. No. 4072 of 1975 filed by the very same petitioner and W. P. No. 6258 of 1973 filed by one Irudayamani this court held in its judgment dt. 10-1-1978 that a person must be a graduate for being appointed as an assistant and that the amendment made by G.O. No. 648 Housing Department dt. 17-6-1975 would have effect only from an anterior date that the persons appointed as assistants prior to 176-1975 should have possessed a degree qualification.

(3.) Thereafter on 31-3-1981 the Housing Board passed resolution No.102 amending the service regulation in such a manner that the minimum general educational qualification prescribed for the post of junior assistant was to be the same as in the case of State Ministerial Service with effect from 22-4-1961. This was forwarded to the Government by the Chairman of the Housing Board on 9-4-1981. Thereafter, the State Legislature passed the Tamil Nadu State Housing Board (Amendment) Act. 1981 (for short the Amendment Act) amending S. 161 of the Act. The Amendment Act received the assent of the President on 28th May, 1981. On 22nd Oct., 1981 the Government issued G. O. Ms. No. 921 Housing and Urban Development Department approving and confirming the amendment suggested by the Housing Board for giving retrospective effect with effect on and from the 22nd April, 1961 to the amendments to the service regulations, as already approved and confirmed by the Government in G. O. Ms. No. 648 Housing dt. the 17th June 1975.