JUDGMENT

S.C. Agrawal, J.-These 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. 704 of 1988 and O.A. No. 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.

2. In the C.P.W.D. Assistant Engineers are appointed by direct recruitment as well as by promotion from the cadre of Junior Engineers. The cadre of Assistant Engineers consists of graduates holding a degree in Engineering as well as holders of diploma in Engineering. Recruitment in the post of Executive Engineer was earlier governed by the Central Engineering Service Group A Recruitment Rules, 1954 (hereinafter referred to as the 1954 Rules ). Under the 1954 Rules appointment to the post of Executive Engineer was being made by promotion of Assistant Executive Engineers and Assistant Engineers. The promotion of Assistant Engineers as Executive Engineers was governed by Rule 21(3) of the 1954 Rules which provided as follows :

"Rule 21(3). No Assistant En