LexUNION OF INDIA AND ANR. versus CENTRAL ELECTRICAL & MECHANICAL ENGINEERING SERVICE (CE & MES) GROUP A (DIRECT RECRUITS) ASSOCIATION, CPWD AND ORS.
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i I ·' UNION OF INDIA AND ANR v. CENTRAL ELECTRICAL & MECHANICAL ENGINEERING SERVICE (CE & MES) GROUP 'A' (DIRECT RECRUITS) ASSOCIATION, CPWD AND ORS. NOVEMBER 1, 2007 [S.B. SINHA AND HARJIT SINGH HEDI, JJ.] A Administrative Law-Executive Order-Re-organisation of cadre C strength in terms thereof-Validity of-Held: By virtue of Office Orders amalgamation of different cadres was sought to be made beyond legal sanction as envisaged under the Rules which is not permissible-Office Orders must be passed in conformity with the Rules-Ministry of ).. Urban Affairs and Employment (Department of Urban Development) D ,. Central Engineering (Civil) Group 'A 'Service Rules, 1996-Service Law. Central Public Works Department issued Office Orders dated 1.8.2002 and 11.3.2002 purporting reorganization of cadre strength E amongst various disciplines of CPWD in the Central Engineering Service Group 'A'. Respondent challenged the validity of the Orders. Tribunal held the Orders as unsustainable. High Court upheld the order of the Tribunal. Hence the qresent appeal. Dismissing the appeal, the Court F HELD: Ll. An executive order must be passed in conformity with the Rules. Power of the State Government to issue executive instructions is confined to filling up of the gaps or covering the area which othenvise has not been covered by the existing Rules. Office Orders must be subservient to the statutory rules. G [Para 10) [868-A, BJ Sant Ram Sharma v. State of Rajasthan and Anr., AIR (1967) 863 H' t l "" 864 SUPREME COURT REPORTS (2007] 11 S.C.R. ..-'( .;'"'. • A SC 1910 and D.D.A. and Ors. v. Joginder S. Monga and Ors., [2004] 2 sec 297' relied on. 1.2. The Office Orders dated 1.8.2002 and 11.3.2003 are not statutory in character. They even ex-facie do -not satisfy the B requirements of Article 162 of the Constitution of India. The disciplines of Civil, Electrical and Mechanical in the Central Public ~ Works Department are different and distinct The said office orders ..I,_ provided that disciplines referred to therein including Civil and Electrical were to work under the control of the Zonal Head being c either a Chief Engineer (Civil) or Chief Engineer (Electrical). It has not been denied or disputed that the post of Chief Engineer (electrical or civil), was beyond the purview of the Rules. It is beyond any cavil that there are posts of Chief Engineer in all the four wings of the Central Publi~ Works Department. The Rules provide for posts of Civil Engineers. As by reason of the impugned orders, some sort of D amalgamation of different cadres are sought to be made beyond the A legal sanction as envisaged under the Rules, the same is t impermissible in law. Appellants before the High Com1 have admitted that the Ministry had no intention to merge the civil and electrical streams which were two distinct services having separate E recruitment rules. Thus, the office orders clearly interfere with the working of the statutory rules inasmuch as by reason thereof, a post would be created which would be designated as Chief Engineer either Civil or Electrical, which belongs to two different streams. [Para 9] [867-D, E, F, G, H; 868-A] t F ~. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5086 of 2007. From the final Judgment and Order dated 24.05.2006 of the High G Court of Delhi at New Delhi in Writ Petition (C) No. 13604-05/2004 & CM Nos. 9506 of 2004 & 4393 of 2006. ~- t- .; R. Mohan, ASG., Sunil Roy and V.K. Verma for the Appellants. Rajiv Dutta, Uday Gupta and Dharmendra Kumar Sinha for the H Respondents. I U.0.1. v. CENTRALELECTRICAL&MECHANICAL 865 ENGINEERING SERVICE [SINHA, J.] The Judgment of the Court was delivered by A S.B. SINHA, J. 1. Leave granted. 2. This appeal is directed against a judgment and order dated 24.5.2006 passed by a Division Bench of the High Court of Delhi at New Delhi in CM Nos. 9506/2004 & 4393/2006 and W.P.(C) No. 13604/ 's 2004 & 13605/2004 affirming an Order dated 17.12.2003 passed by , the Central Administrative Tribunal, Delhi Bench, Delhi in Original Application No. 864/2003. 3. The basic fact of the matter is not in dispute. 4. Central Public Works Department belonging to the Central Government has its own Service Rules framed under the proviso appended c to Article 309 of the Constitution of India, known as "Ministry of Urban Affairs and Employment (Department of Urban Development) Central Engineering
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