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The writ petition is filed by the Assistant Engineers Association of Tamil Nadu Slum Clearance Board (TNSCB) for a declaration that the appointments of Junior Engineers as Assistant Executive Engineers in excess of the 3:1 ratio prescribed under Rule 5(a) of the TNSCB Engineering Officers Service Rules as illegal and for a direction to the respondents to replace all Junior Engineers appointed in excess as Assistant Executive Engineers with Assistant Engineers with retrospective effect from the date of such appointment.

2. The petitioner Association is a Society registered under the Tamil Nadu Societies Registration Act,1975 comprising of Assistant Engineers and Assistant Executive Engineers of TNSCB. It is stated that out of 55 members 47 are Assistant Engineers and the writ petition is filed on behalf of the said Assistant Engineers. The service conditions of the Engineers of TNSCB are governed by two service rules, viz., TNSCB Engineering Officers Service Rules relating to higher service from the posts of Assistant Engineers and above and TNSCB Technical Subordinate Service Rules for Junior Engineers and lower categories.

2(a) It is sated that the Junior Engineer post is the first category in the subordinate service while Assistant Executive Engineer post is the 5th category and Assistant Engineer post is the 6th category . The appointment to the post of Assistant Executive Engineer is effected as per the Rules by promotion from the category of Assistant Engineer and by transfer from the category of Junior Engineer in the ratio of 3:1.

2(b) As per the TNSCB Engineering Officers Service Rules, the method of appointment for category-4 viz., Assistant Executive Engineer and category-5 viz., Assistant Executive Engineer (Planning) is by way of promotion from category-6 viz., Assistant Engineers or by transfer from the category Nos.1 and 2 of the TNSCB Technical Subordinate Service Rules in respect of category-4 and by transfer from category-1 of TNSCB Technical Subordinate Service Rules, the category-1 of TNSCB Technical Subordinate Service Rules, as stated above is the Junior Engineers.

2(d) It is also stated that as per TNSCB Service Rules, especially Rule 41, in respect of matters where no provision is made in the rules, the members of the TNSCB service are governed by the provisions applicable to Government servants of similar status. It is the complaint of the petitioner Association that the first respondent Slum Clearance Board has not followed the said 3:1 ratio in making appointment to the post of Assistant Executive Engineers from among the Assistant Engineers and Junior Engineers by promotion and transfer respectively and the seniority in the panel has not been communicated to individuals and there has been irregularity which has come to light recently.