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.

ORDER :

M. DHANDAPANI, J.

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.

2. W.M.P. Nos.42811/2024 and 3053/2025 have been filed to permit the petitioners therein to join together and file a single writ petition. Considering the averments and also the reasons adduced to file a single writ petition and being satisfied with the same, the aforesaid petitions are allowed subject to the petitioners paying separate court fee, if not already paid. However, if the petitioners fail to pay separate court fee, the order passed hereunder would enure only to the benefit of the first petitioner.

3. It is the case of the petitioners that they are employed as Surveyors under the 2^nd respondent. As per the Tamil Nadu Housing Board Regula short ‘the Regulation’), which stood then, the next avenue of promotion to the petitioners is as Assistant Engineer/Junior Engineer and the Regulation provides for two modes of selection, viz., (i) direct recruitment and (ii) by way of promotion/transfer of service. As far as Assistant Engineer is concerned, the recruitment is by way of promotion, wherein the Regulation states “promotion from other categories of service with the qualification prescribed for direct recruitment”. For direct recruitment, the requisite qualification is possession of degree in Engineering of any University recognized by the State Government for the purpose of any other equivalent qualification. It is the averment of the petitioners that a combined reading of the aforesaid provisions would make it clear that those who have a degree in engineering are eligible/entitled for consideration for promotion to the post of Assistant Engineer/Junior Engineer by way of transfer of service.

4. It is the further averment of the petitioners that the Tamil Nadu Housing Board/2^nd respondent (for short ‘the Board’) issued a provisional seniority list of surveyors for the panel year 2022-2023 for promotion to the post of Head Surveyor vide proceedings dated 23.12.2022. The petitioners, who were qualified for consideration to the higher feeder post of Assistant Engineer/Junior Engineer, filed their objections pointing out their eligibility for consideration to the higher promotional post of Assistant Engineer/Junior Engineer as per the Regulations and also expressed their willingness for the said post.

5. It is the further averment of the petitioners that without considering the said objections, the Board issued a final list for the post of Head Surveyor, more particularly pointing out that no objections had been received. It is the further averment of the petitioners that the Board while withdrew the earlier list published on 18.3.2022, published a fresh list excluding the surveyors from consideration for promotion to the post of Assistant Engineer/Junior Engineer and considered only the Technical Assistants.

6. It is the further averment of the petitioners that the exclusion of surv