- (1.) These appeals, by special leave, are directed against the judgment of the Central Administrative Tribunal, Principal bench, New Delhi (hereinafter referred to as the Tribunal') in O. A. No. 704 of 1988 and O. A. No. 910 of 1989. The appeals relate to promotion of Assistant Engineers to the post of Executive Engineer in the Central Public Works Department (for short 'the C. P. W. D.'), of the Government of India.
(2.) In the C.P.W.D. Assistant Engineers are appointed by direct recruitment as well as by promotion from the cadre of Junior Engineers. The cadre of Assistant Engineers consists of graduates holding a degree in Engineering as well as holders of diploma in Engineering. Recruitment to the post of Executive Engineer was earlier governed by the Central Engineering Service Group 'A' Recruitment Rules, 1954 (hereinafter referred to as 'the 1954 Rules'). Under the 1954 Rules appointment to the post of Executive Engineer was being made by promotion of Assistant Executive Engineers and Assistant Engineers. The promotion of Assistant Engineers as Executive Engineers was governed by Rule 21 (3) of the 1954 Rules which provided as follows:- "Rule 21 (3). No Assistant Engineer shall be eligible for promotion to the service, unless he :- (a) would, but for age, be qualified for admission to the competitive examination under Part-III of these rules. (b) has rendered at least three years service in a permanent or temporary capacity as an Assistant Engineer and subordinate under the Central Government, and (c) satisfied the commission that he is in every respect suitable for appointment to the service."
(3.) In view of sub-clause (a) of Rule 21 (3) only graduate Assistant Engineers were eligible for promotion to the post of Executive Engineer because the qualification prescribed for recruitment by Competitive Examination under Rule 11 (falling in Part-III of the 1954 Rules) was "a degree in Engineering from a University incorporated by an Act of the Central or State Legislature in India, or any other educational institution established by an Act of Parliament or declared to be deemed as Universities under Section 3 of the University Grants Commission Act, 1956, or a foreign University approved by the Government from time to time, or a qualification which has been recognised by the Government for the purposes of admission to the competitive examination". Executive instructions were, however, issued in 1956 for promotion of diploma holder Assistant Engineers as Executive Engineers on ad hoc basis. This practice of promoting diploma holder Assistant Engineers on ad hoc basis continued for a considerable time. A Writ Petition (C.W.P. 818 of 1972) was filed by one C. P. Gupta, a degree holder Assistant Engineer, in the Delhi High Court wherein the action of the Government in promoting diploma holder Assistant Engineers on ad hoc basis was challenged. The said Writ Petition, which was subsequently transferred to the Tribunal and registered as T-52 of 1985, was decided by the Tribunal, by judgment dated December 19, 1986, whereby it was held that administrative instructions could not override the statutory provisions of the 1954 Rules and that promotions made on the basis of administrative instructions, being contrary to the statutory rules, were invalid. During the pendency of the said petition, the following proviso was inserted in sub-rule (3) of Rule 21 of the 1954 Rules by Notification dated October 31, 1972 :- "Provided that Government in consultation with the Commission may promote an Assistant Engineer of outstanding ability and record, to Group A service in relaxation of the educational qualifications provided in clause (a).";