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2004 Supreme(SC) 1622

V. N. KHARE, S. B. SINHA, S. H. KAPADIA
Tamil Nadu Housing Board – Appellant
Versus
N. Balasubramaniun – Respondent


ORDER :

V.N. Khare, CJI.

The Tamil Nadu Housing Board (for short "the Board") is established and constituted under an Act known as Madras 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 Madras 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 o

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