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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
A.Kannan – Appellant
Versus
Secretary To Government Housing & Urban Development Dept. – Respondent
| Table of Content |
|---|
| 1. retrospective effect of amendments to service regulations. (Para 1 , 3 , 4 , 5 , 9 , 10) |
| 2. eligibility for promotion based on existing qualifications. (Para 6 , 7 , 8 , 13 , 14 , 32) |
| 3. arguments against arbitrary exclusion from promotion. (Para 11 , 12 , 15 , 18 , 19 , 20) |
| 4. court's analysis on promotion eligibility per regulations. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 33) |
| 5. outcome of the writ petition and subsequent orders. (Para 34) |
ORDER :
Aggrieved by the retrospectivity given to the amendment made to the Tamil Nadu Housing Board Service Regulations , more particularly in the State Housing Board Engineering Officer’s Service vide G.O. (Ms.) No.204, Housing & Urban Development (HBI (1)) Dept., dated 14.11.2024, in and by which the feeder category of Surveyors were excluded from being considered for the next higher post of Assistant Engineer/Junior Engineer and the consequential provisional list having been prepared excluding the Surveyors from being considered for promotion to the next higher post of Assistant Engineer/Junior Engineer, the present petitions have been filed by the petitioners.
3. It is the case of the petitioners that they are
Amendments to service regulations cannot be given retrospective effect if they infringe upon accrued rights; such actions are arbitrary and violate principles of natural justice.
Amended promotion rules' 45% quota for Junior Engineers with 7 years service contains no Diploma/Degree requirement; unqualified seniors eligible; DPC rejection on qualification grounds invalid.
The main legal point established in the judgment is that the requisition for promotion to the post of Assistant Engineer (Civil) was sent in compliance with the statutory rules, and the Rules, 1968 p....
The main legal point established in the judgment is that the retrospective effect of a government order amending the Rules cannot nullify a previous judgment. Additionally, the Rules cannot be change....
Appointment – Court cannot undo settled position after long lapse of time.
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