K.K. TIWARI & ORS. versus UNION OF INDIA & ORS.

Citation: [2008] 6 S.C.R. 705 · Decided: 21-04-2008 · Supreme Court of India · Bench: A.K. MATHUR · Disposal: Dismissed
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Judgment (excerpt)

[2008] 6 $.C.R. 705 
K.K. TIWARI & ORS. 
A 
v. 
UNION OF INDIA & ORS. 
(Civil Appeal No. 571 of 2002) 
APRIL 21, 2008 
B 
> 
[A.K. MATHUR AND LOKESHWAR SINGH PANTA, JJ.] 
Service Law: 
Defence Service of Engineers (Recruitment and c 
Conditions of Service) Rules, 1991 - Rule 7 rlw Schedule Ill -
Promotiqn - Post of Executive Engineers (EEs) - From the 
cadre of Assistant Executive Engineers (AEEs) (direct recruits) 
and Assistant Engineers (AEs) (promotees) - Circular stating 
that all 58 posts of EEs for 1997-98 to be filled in by promotion 
from amongst AEs only - Challenge to, by AEEs - Direction D 
by tribunal to Government to fill vacancies by promotion in 
ratio of 213rd from AEEs and 1 ;3rd from A Es as per the Rules -
Upheld by High Court- Interference with - Held: Order of High 
Court suffers from no error or perversity since the Circular did 
not find support from the Rules - Rule 7 rlw Schedule Ill states E. 
that post of EEs are to be filled in from AEEs and AEs in ratio 
of 66213 and 33 113 respectively - Its language is to be read 
harmoniously with meaningful construction - Intention of the 
Rules cannot be ignored -Acceptance of claim of AEs that all 
58 posts of EEs for the year 1997-98 are to be filled in by F 
't 
promotion from amongst AEs cadre would break down the 
quota rule. 
The promotion to the post of Executive Engineers 
(EEs) is made from the cadre of Assistant Executive 
Engineers (AEEs) (direct recruitees); and from the cadre G 
of Assistant Engineers (AEs) (promotees). A Circular dated 
29.07.1997 was issued stating 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 
705 
H 
706 
SUPREME COURT REPORTS 
[2008] 6 S.C.R. 
A employees who have been promoted from the cadre of 
AEEs, while 76 posts as against 148 posts by those 
belonging to the cadre of AEs; and that the total demand 
for the year 1997-98 to the cadre of EEs was 58 posts, 
which were to be filled in by promotion from amongst AEs 
B only. The private respondents-AEEs challenged the order. 
The tribunal directed the respondent no. 1-3 to fill in the 
posts of Executive Engineer by promotion in proportion 
of 213rd from the Assistant Executive Engineers and 113rd 
from Assistant Engineers as per the Indian Defence 
c Service of Engineers (Recruitment and Conditions of 
Service) Rules, 1991. Both the appellant and the 
respondent no 2 filed writ petitions. High Court upheld 
the order. Hence the present appeal. 
Dismissing the appeal, the Court 
D 
HELD: 1.1 The High Court was right in holding that a 
.. 
direction in terms of the Circular of respondent No.2 did 
not find support from the Indian Defence Service of 
Engineers (Recruitment and Conditions of Service) Rules, 
E 1991 as Rule 7 neither refers to Schedule I which 
prescribes the total strength of the cadre nor it provides 
anywhere further that recruitment shall be made in a 
manner so as to maintain the ratio of 2/3rd and 1/3rd in 
the entire cadre for a particular year. The language of Rule 
F 
7 is very clear and unambiguous and it emphasises that 
after the commencement of the Rules which came into 
force on 9th July, 1991,' the vacancies shall be filled in a 
manner provided in Schedule Ill. Schedule Ill prescribes 
that the post of EEs shall be filled in the ratio of 66 2/3 
posts to be filled on non-selection basis from the grade 
G of AEEs and 33 1/3 posts have to be filled on selection 
basis from the post of AEs. The expression "posts to be 
filled" used in the rule clearly indicates and means that 
whenever any selection is made to the post of EE, the 
ratio, the criteria and the essential minimum qualifying 
H service in terms of Schedule Ill shall have to be strictly 
K.K. TIWARI & ORS. v. UNION OF INDIA & ORS. 
707 
followed and adhered to and any promotion in excess of A 
the quota will result in breaking down the prescribed 
quota. Thus, the language of Rule 7 read with Schedule 
Ill governing the service conditions has to be read 
harmoniously with meaningful construction. (Para 25) 
(713-H; 714-A-D] 
B 
1.2 It is not possible or advisable to interpret the ratio 
of 2/3rd and 1/3rd as prescribed in Schedule Ill of Rule 7 
in the manner that all the 58 posts of EEs for the year 1997-
98 should be filled in by promotion from the cadre of AEs 
only. If the claim of the appellants that all 58 posts of EEs c 
for the year 1997-98 are to be filled in by promotion from 
amongst
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