JUDGMENT

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. 13604/2004 & 13605/2004 dismissing 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 to Article 309 of the Constitution of India, known as “Ministry of Urban Affairs and Employment (Department of Urban Development) Central Engineering (Civil) Group ‘A’ Service Rules, 1996” (Rules). The said Rules came into force with effect from 28.10.1996. Whereas Rule 3 of the Rules provides for Constitution of the Service”, Rule 4 provides for Grade, strength and its review”. The first schedule appended to the Rules provides for the posts in the Central Engineering Service, Group ‘A’. The hierarchy of the officers has also been provided therein. Rules govern the field of recruitment as also the cadre strength. Despite th