JUDGMENT 1. - In this writ petition, the petitioner has prayed that the order dated 23.3.1991, passed by respondent No. 1, transferring the respondent No. 3 on the post of Senior Accounts Officer in Rajasthan Housing Board be declared illegal, ultravires and unconstitutional and be quashed and set-aside. It has been further prayed that the respondent No. 1, i.e. the Rajasthan Housing Board, be directed to consider the case of the petitioner for promotion on the post of Senior Accounts Officer and in case the petitioner is found suitable, he should be promoted on the said post. 2. In exercise of the powers conferred by Section 53 of the Rajasthan Housing Board Act, 1970, the Board made the Rajasthan Housing Board Employees Conditions of Recruitment and Promotion Regulations, 1976 (for short the Regulations). 3. Regulation 6 provides that the posts created from time to time will be filled up in the following manner : (a) by direct recuitmcnt, (b) by promotion, (c) by employing officers and officials on deputation from the Central Government or State Government or any State or Public Sector Undertaking. (d) by contract, (e) by absorption of such employees who have worked atleast for three years on any post on deputation in the Board. 4. Regulation 7 provides that the ratio of direct recruitment and promotion of employees in the service of the Board and qualifications and experience required for various posts will be in accordance with the Schedule appended to the said Regulations. The Schedule of Accounts appended to the regulations prescribes the proportion of direct recruitment, promotion and qualifications with respect to the posts of Accounts Assistant, Accountant, Asstt. Accounts Officer, Accounts Officer etc. A note is appended to the said schedule, which provides that where suitable candidates are not available either by direct recruitment or by promotion, the Board will he free to take suitable Officers/officials on deputation and that all other things being equal, preference will be given to the candidates who are already working in the organisation. Vide resolution dated 30.6.1977, one post of Senior Accounts Officer was created by the Rajasthan Housing Board. One more post of Senior Accounts Officer was created by resolution passed on 31.1.1983. Vide resolution dated 30.6.1977, one post of Senior Accounts Officer was created by the Rajasthan Housing Board. One more post of Senior Accounts Officer was created by resolution passed on 31.1.1983. The Rajasthan Housing Board on 31.3.1987, decided that 50% posts of Senior Accounts Officers were to be filled by promotion but at that time the Board did not decide the experience and qualifications required for promotion on the said post. Vide resolution dated 15.6.1989, the Board laid down the qualifications and experience for promotion on the post of Senior Accounts Officer. The Board further decided that 50% posts were to be filled by promotion and 50% posts were to be filled by deputation from the State Government. Accordingly, Schedule of Accounts, appended to the regulations was amended as shwon in Anncxure 1. 5. The petitioner came with a case that he was appointed on the post of Accountant by respondent No. 1, vide order dated 28.2.1972. He was promoted on the post of Assistant Accounts Officer on 20.6.1980. Again he was promoted on the post of Accounts Officer vide order dated 1.2.1986. Thus, the petitioner has experience of five years on the post of Accounts Officer to his credit. The petitioner holds a Degree of Bachelor in Commerce. He has served the department for more than 15 years. His name is shown in the seniority list at SI. No. 2, after the name of Shri R.D. Mishra, who is placed at SI. No. 1, and thus he is eligible to be promoted on the post of Senior Accounts Officer. Mr. Mishra has already been promoted on the said post and he being the senior most Accounts Officer in the Board, should have been considered for promotion on the post of Senior Accounts Officer, but the respondent No. 2, vide order dated 23.3.1991, transferred the respondent No. 3 on the post of Senior Accounts Officer. This order of the respondent No. 2 has been challenged in this writ petition as mentioned above. 6. Mr. Kuhad, counsel for the petitioner argued that the order dated 23.3.1991, transferring the respondent No. 3 as Senior Accounts Officer, without considering the case of the petitioner for promotion on the said post, is ultravires to the regulations and is contrary to the law laid down by this Court and reported in 1990(1) R.L.R. 199 . Mr. 6. Mr. Kuhad, counsel for the petitioner argued that the order dated 23.3.1991, transferring the respondent No. 3 as Senior Accounts Officer, without considering the case of the petitioner for promotion on the said post, is ultravires to the regulations and is contrary to the law laid down by this Court and reported in 1990(1) R.L.R. 199 . Mr. Kuhad further argued that unless the respondents No. 1 and 2 came to the conclusion that eligible persons of the Board were not suitable for the post of Senior Accounts Officer, they had no jurisdiction to transfer the respondent No. 3 on the said post even/ on deputation. He further contended that the respondent No. 2 had no jurisdiction whatsoever to appoint the respondent No. 3 on deputation. 7. On the other hand, Mr. G.C. Garg, counsel for the respondent No. 1 argued that initially there was no post of Senior Accounts Officer in the schedule of Accounts appended to the regulations. These posts were added to the Schedule of Accounts vide. resolution dated 15.6.1989, according to which 50% posts were to be filled by promotion and 50% posts were to be filled by deputation from the State Government. There were only two posts of Senior Accounts Officer in the Rajasthan Housing Board. Admittedly, Mr. Mishra, who is senior to the petitioner was promoted on the said post. The another post was to be filled up by deputation. Mr. D.K. Mittal was on deputation from the Government. Now, vide order dated 23.3.1991, the Government has transferred Mr. Mittal to some other place and on his place the respondent No. 3 has been transferred as Senior Accounts Officer in the Rajasthan Housing Board. He further argued that under these circumstances, there was no question for consideration of the petitioner for promotion on the post of Senior Accounts Officer. There was only one post for promotion, on which Mr. R.G. Mishra, who is senior to the petitioner was already promoted. He lastly argued that the authority cited by Mr. Kuhad, instead of helping the petitioner is in favour of the Rajasthan Housing Board. He argued that the writ petition deserves to be dismissed with heavy cost. 8. It is an admitted case of both the parties that only two posts of Senior Accounts Officers were created by the Rajasthan Housing Board. Kuhad, instead of helping the petitioner is in favour of the Rajasthan Housing Board. He argued that the writ petition deserves to be dismissed with heavy cost. 8. It is an admitted case of both the parties that only two posts of Senior Accounts Officers were created by the Rajasthan Housing Board. The Board, vide resolution dated 15.6.1989, decided that 50% posts were to be filled by promotion and 50% posts were to be filled by deputation from the State Government. Admittedly, Mr. R.G. Mishra, who is senior to the petitioner was already promoted on the post of Senior Accounts Officer and as such the other post was to be filled by way of deputation. Previously, Mr. D.K. Mittal was on deputation with the Rajasthan Housing Board as Senior Accounts Officer vide order dated 23.3.1991, the Government transferred Mr. Mittal on another post and the respondent No. 3, Shri H.S. Meena was appointed on the post of Senior Accounts Officer in the Board on deputation. Under these circumstances, there is no breach of the regulations. 9. In Rajasthan Thermal Association v. State of Rajasthan, reported in R.L.R. 1990 (1), 199 , the facts were totally different. In that case the petitioner was Site Engineer in Rajasthan Housing Board. Under the Schedule Technical appended with the regulations, the source of recruitment for the post of Resident Engineer is by 100% from amongst the Site Engineers. The minimum experience and qualification for promotion is specified in the said Schedule. The Note appended below the relevant entry states that where suitable candidates are not available either by direct recruitment or by promotion, the Board will be free to take suitable officers on deputation. Under these circumstances, the petitioner Mr. T.C. Mittal filed a writ petition. That Writ Petition was allowed by this Court. This Court held as below : ''The post of Resident Engineer is to be filled in 100% by promotion from Site Engineers having five years' experience, on the post of Site Engineer/Structural Engineer. Before the Rajasthan Housing Board can take any person on deputation, it will have to arrive at administrative decision that suitable candidates are not available either by recruitment or by promotion. Without arriving at that finding by the concerned selection authority, the resort to take persons. Before the Rajasthan Housing Board can take any person on deputation, it will have to arrive at administrative decision that suitable candidates are not available either by recruitment or by promotion. Without arriving at that finding by the concerned selection authority, the resort to take persons. on deputation can not be made because this mode of filling up vacancies by employing officers or officials on deputation from the Central or State Government, or any public undertaking is subject to the conditions imposed by Notes I and H in the Schedule relating to technical staff." 10. In the present case in the Schedule of Accounts, appended with the regulations 50% posts of Senior Accounts Officer are to be filled by promotion and 50% by deputation. Under these circumstances, the authority reported in R.L.R. 1990(1), 199 (supra) is not applicable to the facts of the present case. The respondents No. I and 2 acted only in accordance with the regulations and as such it cannot be said that the order dated 23.3.1991, transferring the respondent No. 3, on the post of Senior Accounts Officer is arbitrary or without. jurisdiction. 50% posts of Senior Accounts Officers were to be filled by deputation by the State Government and as such the State Government was competent to transfer the respondent No. 3 on .he post of Senior Accounts Officer in the Rajasthan Housing Board. 11. Consequently, there is no force in the writ petition and it is hereby dismissed with cost of Rs. 1,000/- to be paid to the Rajasthan Housing Board.Petition Dismissed . *******