The private respondents herein challenged the order dated 29.07.1997 of the Engineer in Chief respondent No.
465/1999 was affirmed, whereunder the Tribunal directed the Union of India through the Secretary, Ministry of Defence respondent No.1, Engineer in Chief, Army Head Quarters respondent No.
2 before the CAT, Principal Bench, Allahabad.
10242/2000 and Civil Miscellaneous Writ Petition No.
4 to 10 are AEEs.
The appellants in the present case are the AEs, whereas private respondent Nos.
The order passed by the CAT directing respondent number.
3 herein to fill in the posts of Executive Engineer in proportion of 2/3rd from the Assistant Executive Engineers and 1/3rd from Assistant Engineers in accordance with the relevant rules.
The Tribunal by its order dated 08.02.2000 partly allowed the O.A. and directed respondent Nos.
1 to 3 to fill up the vacancies by promotion in the ratio of 2/3rd from AEEs and 1/3rd from AEs in accordance with the provisions of the relevant rules.
The rules governing the service of the cadres framed under Article 309 of the Constitution of India are called the Indian Defence Service of Engineers Recruitment and Conditions of Service Rules, 1991 hereinafter referred to as the Rules .
A Circular dated 29.07.1997 was issued by respondent No.2 in which it was stated that as on 1.4.1997 out of the then sanctioned strength of 445 posts of EEs, 354 posts as against 297 posts were occupied by those employees who have been promoted from the cadre of AEEs, while 76 posts as against 148 posts by those who belong to the cadre of AEs.
It was also stated in the said Circular that the total demand for the year 1997 98 to the cadre of EEs was 58 posts, which were directed to be filled in by promotion from amongst AEs only.
Feeling aggrieved by and dissatisfied with the order of the Tribunal, two writ petitions, one by the appellants and another by the Engineer in Chief, were preferred before the High Court of Allahabad.
18114/2000.
REPORTABLE CIVIL APPEAL NO.
The AEEs are appointed by direct recruitment on the basis of selection made by Union Public Service Commission for short the UPSC .
By the companymon judgment under challenge, the High Court dismissed the writ petitions whereby the order dated 8th February, 2000 passed by the Central Administrative Tribunal hereinafter referred to as the Tribunal , Allahabad Bench, Allahabad, in O.A. No.
571 OF 2002 Lokeshwar Singh Panta, J. This appeal by special leave is directed against the judgment and order dated 9th August, 2001 passed by the Division Bench of the High Court of Allahabad at Allahabad in Civil Miscellaneous Writ Petition No.
Having heard the learned companynsel for the parties and having perused the entire record, the Division Bench of the High Court has found numbersubstance in the writ petitions and accordingly dismissed the same inter alia holding as under The order of the Engineer in Chief dated 29.7.1997 can at best be treated to be an executive instruction.
2 and Union Public Service Commission respondent No.
