JUDGMENT

Ruma Pal, J.-Leave granted.

2. The undisputed facts of this case are that the appellant No. 4 was notionally promoted to the post of Additional Director General (Works) of the Public Works Department with effect from 22nd February, 1995. The notional promotion was given by an order dated 10th June, 1998 in terms of instructions contained in the DPT s O.M. No. 22011/05/86 Estt. D, dated 10th April, 1989 as amended from time to time.

In the meanwhile on 1st July 1997, the post of Director General, (Works) CPWD fell vacant. The mode of selection to the post has been laid down in the Central Public Works Department (Director General of Works) Recruitment Rules, 1986, which were amended on 23rd March 1992 by the Central Public Works Department (Director General of Works) Recruitment (Amendment) Rules, 1992. The amendment came into force on 4th April 1992. The Schedule to the Rules (referred to hereinafter as the said Schedule) provides that the post of Director General (Works) is a selection post to be filled up by promotion from amongst, inter-alia, Additional Director General (Works) with two years regular service in the grade .

3. Since Krishnamoorti had been granted notional