CENTRAL ENGINEERING SERVICE CLASS I (DR) ASSOCIATION THROUGH ITS ADDITIONAL SECRETARY, Vs. THE UNION OF INDIA (UOI) THROUGH (THE SECRETARY MINISTRY OF URBAN AFFAIRS AND EMPLOYMENT AND THE SECRETARY DEPARTMENT OF PERSONNEL AND TRAINING) AND ORS.

JUDGEMENT

(1.) THE rather limited question for our consideration is: Whether, in exercise of the power of relaxation conferred by statutory rules, the Central Government is entitled to divert vacancies, enbloc, belonging to the quota of direct recruits to the quota of promotees, in order to regularize their promotion' Given the facts and circumstances of the case, as well as the legal position, our answer to this question is in the affirmative.

(2.) THE aggrieved parties before us are directly recruited Assistant Executive Engineers (Civil), Class I (for short AEEs) whose quota of vacancies for promotion to the grade of Executive Engineer was diverted in favour of Assistant Engineers (for short AEs).

(3.) AT this stage, it may be mentioned that the Ministry of Urban Affairs and Employment (Department of Urban Development), Central Engineering (Civil) Group 'A' Service Rules, 1996 (for short the 1996 Rules) superseded the 1954 Rules. However, as far as we are concerned, this is of no serious consequence for answering the question that we have set out above. We shall, however, be dealing with the alleged impact of the 1996 Rules.