Feeling aggrieved by such promotion the graduate Assistant Engineers filed an application O.A. No.
Executive instructions were, however, issued in 1956 for promotion of diploma holder Assistant Engineers as Executive Engineers on ad hoc basis.
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 companysultation 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 .
Another application O.A. No.
The said Writ Petition, which was subsequently transferred to the Tribunal an registered as T 52 of 1985, was decided by the Tribunal, by judgment dated December 19, 1986, whereby it was held that administrative instructions companyld number override the statutory provisions of the 1954 Rules and that promotions made on the basis of administrative instructions, being companytrary to the statutory rules, were invalid.
The 1996 Rules have been published in the Gazette of India dated October 29, 1996 vide numberifications dated October 28, 1996.
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.
5364 OF 1990 J U D G M E N T C. AGRAWAL, J. There 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.
Both the sides, namely, the graduate Assistant Engineers as well as diploma holder Assistant Engineers, have felt aggrieved by the judgment of the Tribunal.
WITH CIVIL APPEAL NO.
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 companymission that he is in every respect suitable for appointment to the service.
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 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 companypetitive examination.
704 of 1988 and O.A. No.
In the C.P.W.D. Assistant Engineers are appointed by direct recruitment as well as by promotion from the cadre of Junior Engineers.
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.
This practice of promoting diploma holder Assistant Engineers on ad hoc basis companytinued for a companysiderable time.
During the pendency of these appeals, the Government of India has made the Ministry of Urban Affairs and Employment Department of Urban Development , Central Engineering Civil Group A Service, Rules, 1996 and the Ministry of Urban Affairs and Employment Department of Urban Development Central Engineering Electrical and Mechanical Group A Service Rules, 1996 hereinafter referred to as the 1996 Rules .
