G.P.MATHUR, J. - (1.) BOTH the writ petitions have been filed challenging the same order dated 8.2.2000 of Central Administrative Tribunal, Allahabad Bench, Allahabad (CAT) and, therefore, they are being disposed of by a common order. Civil Misc. Writ Petition No. 10242 of 2000 shall be treated as the leading case.
(2.) THE post of Executive Engineer in the Indian Defence Service of Engineers, Ministry of Defence, has to be tilled by promotion from amongst Assistant Executive Engineers and Assistant Engineers. The Assistant Executive Engineers are appointed by direct recruitment on the basis of selection made by the Union Public Service Commission. For Making appointment on the post of Executive Engineer for the recruitment year 1997-98, an order was issued whereby it was directed that all the 58 vacancies shall be filled in by promotion of Assistant Engineers only. This order was challenged by Assistant Executive Engineers (respondents No. 4 to 8) by filing Original Application No. 465 of 2000 before the CAT. The CAT by its judgment and order dated 8.2.2000 partly allowed the Original Application and directed respondent Nos. 1 to 3 namely, Union of India through Secretary, Ministry of Defence, Engineer-in-chief, Army Head Quarter and Union Public Service Commission to fill up the vacancies in proportion of 2/3rd from Assistant Executive Engineers and 1/3rd from Assistant Engineers in accordance with the provisions of S.R.O. 4-E. Feeling aggrieved, writ petition No. 10242 of 2000 has been filed by 7 Assistant Engineers who were respondents in the Original Application before the CAT and writ petition No. 18114 of 2000 has been filed by Engineer-in-Chief, Army Head Quarter. In exercise of powers conferred by proviso to Article 309 of the Constitu­tion, the President of India made the Indian Defence Service of Engineers (Recruitment and Conditions of Service) Rules, 1991 (hereinafter referred to as the Rules). The definitions are given in Rule 2 and sub-rule (a) thereof provides that unless the context otherwise requires 'Commission' means the Union Public Service Commission and sub-rule (d) provides that 'Departmental Promotion Committee' means a Committee specified against each post in Schedule IV to consider promotion or confirmation on the said post. Rules 3 to 7 which are relevant for the controversy in hand read as under : "Rule 3. Constitution of Indian Defence Service of Engineers.-There shall be constituted a service to be known as the Indian Defence Service of Engineers consisting of posts specified in Schedule I. Rule 4. Grade, Authorised Strength and its Review.-(1) The duty posts included in various grades of the Service. Their names, numbers and scales of pay shall be as specified in Schedule I. (2) The Government may make temporary additions to or reductions from the strength of the duty posts in various grades as it may deem neces­sary from time to time. (3) The Government may, in consultation with the Commission, include in or exclude from the service such posts as may be deemed to be equiva­lent to the posts included in the service, in status, grade, scale of pay and professional content, other than those included in Schedule I. (4) The Government may, in consultation with the Commission appoint an officer whose post is included in the service under sub-rule (3) to the appropriate grade of the service in a temporary capacity or in a sub­stantive capacity, as it may deem fit and fix his seniority in that grade in accordance with the general orders or instructions issued by the Gov­ernment from time to time in this regard. Rule 5. Members of the Services.-The following persons shall be mem­bers of the service namely:- (a) Persons deemed to have been appointed to the service under Rule 6; and (b) Persons appointed to the service under Rule 7. Rule 6. Initial Constitution.-All the existing officers in the Military Engineer Services (Engineer cadre) holding Group 'A' posts on regular basis on the date of commencement of these rules shall be deemed to have been appointed to the corresponding posts and grades in the ser­vice in the substantive or officiating capacity, as the case may be, at the initial constitution stage. Rule 7. Future Maintenance of the Service.-After the commencement of these Rules, the vacancies, excluding the vacancies reserved for ARMY OFFICES under the Military Engineer Services (Army Personnel) Regulations, 1989, shall be filed in the manner as provided in Schedules II, III and IV.
(3.) SCHEDULE I of the Rules gives the total number of posts and number of posts which are to be held by civilian officers in each cadre i.e. from Assistant Executive Engineer to that of Chief Engineer and Additional Director General. The Total number of sanctioned posts of Executive Engineers is 890 and the number of posts to be held by civilian officers, is 445. We are concerned here with the posts to be held by civilian officers. Schedule II lays down the minimum technical qualification and age limit for direct recruits to the post of Assistant Executive Engineer Group 'A' which is to be filled on the basis of examination conducted by the Union Public Service Commission. The relevant part of Schedule III is being reproduced below :- SCHEDULE III [See Rule 7] Method of recruitment, field of promotion and minimum qualifying service in the next lower grade or feeder grade for promotion to duty posts in the various grades of the Indian Defence Service of Engineers (Group 'A') s. Name of Post Method of Whether Field of selection and minimum No. and scale of recruitment pay Selection Departmental Promotion qualifying service for promotion Committee or Non-selection 1 2 3 4 5 1. Additional By Director Promotion General Selection Chief Engineer (Civil) years regular service scale of Rs. 5900-6700 with 3 in the (Works) (Rs. 7300-7600) 2. 3. 4. 5. 6. Executive By Engineer promotion (Rs. 3000-4500) (i) 66-2/3% posts to be filled on non selection basis form the grade of Assistant Executive Engineer (ii) 33-1/3% posts to be filled on selection basis from the grade of Assistant Engineers Assistant Executive Engineer with 4 years regular service in the grade with degree in Civil Mechanical or Electrical Engineering or equivalent from a recognized University/Institution. Assistant Engineer with 8 years regular service in the grade and possessing degree in Civil, Mechanical or Electrical Engineering or equivalent from a recognised University/ Institution. Note Persons holding the post of Assistant Engineer on regular basis on the date of mulgation of the Indian efence Service of Engineers Rules and possessing diploma in Civil, Mechanical or Electrical Engineering from a recognised University Institu­tion will continue to be eligible for promotion to the grade of Executive Engineer. 7. Assistant Executive Engineer of Examination. (Rs. 2200-4000) The vacancies shall filled by direct recruitment on the basis By direct recruitment ;