JUDGMENT

BHAGWATI, J.:— This writ petition marks yet another round of litigation between two groups of Executive Engineers in Central Public Works Department of the Ministry of Works & Housing, Government of India, one group consisting of promotees from the grade of Assistant Executive Engineers and the other consisting of promotees from the grade of Assistant Engineers. The dispute between these two groups in regard to seniority has been going on for quite some time and it has created considerable discord and bitterness between these two groups which must inevitably affect the efficiency of the Service. It is really a matter of regret that the Central Government should not have been able to bring these two groups together and evolve a commonly agreed formula acceptable to both sides. We hope that our decision in this writ petition will finally ring the curtain down on this unfortunate controversy and both groups of Executive Engineers will accept the decision ungrudgingly without any rancour or resentment and whole heartedly engage themselves in the nation buildings tasks entrusted to them.

2. There is in the Central Public Works Department of the Ministry of Works & Housing, Government of India a Service known as Central Engineering Service (Class I). This Service comprises various grades; the highest grade is that of Engineer-in-Chief and then in descending hierarchical order are the grades of Chief Engineer, Superintending Engineer, Executive Engineer and Assistant Executive Engineer. The Central Government has made rules of recruitment to this Service known as the Central Engineering Service (Class I) Recruitment Rules, 1954 (hereinafter referred to as the Recruitment Rules) and they are issued under SRO 1841 dated 21st May, 1954. Part I of the Recruitment Rules contains the definitions and Clause (c) of R. 2 occurring in this Part defines "Service" as Central Engineering Service Class I. Rules 3, 4 and 5 contained in Part II of the Recruitment Rules lay down the modes of recruitment to various grades in this Service in the following terms :

"3. Recruitment to the service shall made by any of the Following methods :-

(a) By competitive examination in India in accordance with Part III of these Rules.

(b) By promotion in accordance with Part IV of these Rules.

(c) By transfer in accordance with part V of these Rules.

4. (1) All appointments to the service or to posts borne upon the cadre of the Service shall be made by Government.

(2) Subject to a provision of R. 3. Government shall determine the method or method of requirement (recruitment ?) to be employed for the purpose of felling any particular vacancies in the Service or such vacancies therein as may be required to be filled during any particular period and the member of candidates to be recruited by each method.

Provided that all recruitments by competitive examination (vide Part III of the Rules) shall be to the grade of Assistant Executive Engineer, Class I only.

Seventyfive per of the vacancies in the grade of Executive Engineer, Class I, shall be filled by promotion of Assistant Executive Engineers Class I, the rest of the vacancies being filled by promotion and/or by transfer in accordance, with Parts IV and V of the Rules respectively.

5. Appointments to the Service made otherwise than by promotion will be subject to orders issued from time to time by the Ministry of Home Affaire regarding special representation in the services for specific actions of the people"Assistant Executive Engineers belong to the lowest grade in this service and they are required only through a competitive examination in accordance with part III of the Recruitment Rules. On their initial recruitment Assistant Executive Engineers are required to undergo a period of probation for two years and they are confirmed in the grade of Assistant Executive Engineers after successful completion of the period of probation .

3. There is the any another Service in the Central Public Works Department called Ce