TMI Blog1993 (11) TMI 238X X X X Extracts X X X X X X X X Extracts X X X X ..... fficer of the rank of Superintending Engineer from the Building and Communication Department of the State Government had been taken by the State Government for reasons stated in its affidavit in reply and the said decision could not be said to be unjust or arbitrary or based on irrelevant or extraneous considerations. 4.The Gujarat Housing Board Services Classifications of and Recruitment Regulations, 1981 are made under the provisions of Section 74(c) of the Gujarat Housing Board Act, 1961 (now called the said Act ) with the previous sanction of the State Government. Regulation 3 in Part V thereof prescribes the qualifications, age, experience and procedure relating to recruitment to the post of Assistant Housing Commissioner (Technical), now called Superintendent Engineer. The relevant portion thereof reads thus: The post may be filled in either: (])(a) by promotion of employees working as Executive Engineer in Board's Higher Services on the basis of seniority cum merits, OR (b) by calling Executive Engineer on deputation from State Building and Communication Department. OR (c) by direct selection from amongst the candidates called for interview; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o that the State Government and the Housing Board were not in any manner constrained in making the appointment and it was not required that the appointment should be so made only if no suitable eligible candidate was available for appointment by promotion from among the Executive Engineers of the Housing Board. 6.Clause (1) of Regulation 3 provides that the post of Assistant Housing Commissioner (Technical) may be filled in by promotion of employees working as Executive Engineers in the Housing Board on the basis of seniority cum merit; or by calling Executive Engineers on deputation from the Building and Communication Department of the State Government; or by direct selection from among candidates called for interview. Clause (2) sets out who among the Executive Engineers of the Housing Board are eligible for such promotion. Clause (3) states that if a suitable eligible candidate is not available for appointment by promotion from among the Executive Engineers of the Housing Board, a panel of names of Executive Engineers having four years standing experience in the State Government's Building and Communication Department may be called for and one name out of the panel may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n from among the Executive Engineers of the State Government's Building and Communication Department. Failing this, the appointment can be made by direct selection from among candidates called for interview. 10. It is an admitted position that the suitability of eligible Executive Engineers of the Housing Board for appointment to the said post by promotion was not considered before resort was directed to be had to the provisions of sub-clause (b) of clause (1) for filling the said post by deputation of an officer of the State Government's Building and Communication Department. In our view, therefore, the State Government was patently in error in directing the Housing Board to fill the said post by deputing an officer in the State Government's Building and Communication Department. 11. Reference was made on behalf of the State Government to the provisions of Section 82 of the said Act and it was submitted that the State Government was thereby empowered to give to the Housing Board such directions as were in its opinion necessary or expedient for carrying out tile purposes of the said Act and the Housing Board was obliged to comply with such directions. The short an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t found that the appellant has title to the property, by denial of the title, the respondent forfeited his tenancy and decreed the suit. Pending first appeal, the respondent filed another application on March 30, 1989 for amendment of the written statement setting up the plea of adverse possession . The appellate court rejected the application, considered the case on merits and confirmed the decree of the trial court. In the second appeal the learned Single Judge considered and allowed the application for amendment, set aside the findings of the courts below and remitted the case to the trial court for fresh trial. Thus this appeal by special leave. 3. It is settled law as laid down by this Court in Firm Sriniwas Ram Kumar v. Mahabir Prasad that it is open to the parties to raise even mutually inconsistent pleas and if the relief could be founded on the alternative plea it could be granted. If the facts are admitted in the written statement, the relief could be granted to the plaintiff on the basis of the evidence though inconsistent pleas were raised. Amendment to written statement cannot be considered on the same principle as an amendment to the plaint. The pleas in the writt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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