TMI Blog2004 (4) TMI 615X X X X Extracts X X X X X X X X Extracts X X X X ..... ngineer 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 of the aforesaid Regulations prepared a panel from amongst the persons elig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Madras State and Subordinate Services Rules would be attracted whenever no provision is made thereunder. The Division Bench of the High Court has noticed the executive instructions issued by the Government of Tamil Nadu which read thus: The Government after careful consideration and in consultation with the Tamil Nadu Public Service commission order as follows :- (i) If the scales of pay of the feeder categories are similar, for purposes of promotion a percentage for each feeder category may be prescribed, taking into consideration the cadre strength of each of the feeder categories. A cycle for promotion may also be prescribed. (ii) If the sales of pay of the feeder categories are different, then persons holding posts carryi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ), the Draftsmen who have been getting higher salary are given preference over the diploma-holder Junior Engineers, the eligibility criteria contained in the statutory Regulations would become otiose; the logical corollary thereof would be that the executive instructions would prevail over the statutory Regulations. Such a consequence would lead to an absurdity and in that view of the matter it must be held that the executive instructions cannot be given effect to. 7. For the aforesaid reason, we are of the view that the High Court fell in error in allowing the appeal of the respondents. 8. We, therefore, set aside the judgments and orders under challenge. The appeals are allowed. There shall be no order as to costs. - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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