K.K. Tiwari And Ors. vs Union Of India (Uoi) And Ors.

The Supreme Court upheld the decision of the Central Administrative Tribunal directing the Union of India to fill the posts of Executive Engineers in the ratio of 2/3rd from Assistant Executive Engineers and 1/3rd from Assistant Engineers, as per the Indian Defence Service of Engineers (Recruitment and Conditions of Service) Rules, 1991 framed under Article 309 of the Constitution. The Court found that the order dated 29.07.1997 issued by the Engineer-in-Chief was contrary to statutory provisions and thus illegal. The High Court's dismissal of the writ petitions challenging the Tribunal's order was affirmed, reinforcing the legal principle that executive instructions cannot contradict statutory rules.