Judgment :-

Markandey Katju, J.

1. This appeal by special leave has been filed against the judgment and order dated 3.11.2006 in Civil Misc. Writ Petition No. 78513 of 2005 of the High Court of Judicature at Allahabad.

2. Heard learned counsel for the parties and perused the record.

3. The dispute in this appeal is regarding the validity of Rule 5(ii) of the U.P. Public works Department Group-B Civil Engineering Service Rules 2004 (in short `the 2004 Rules).

4. Rule 5 of the 2004 Rules states :

"5. Recruitment to the posts in the service shall be made from the following sources:

.(i) Fifty percent by direct recruitment through the Commission.

.(ii) Fifty percent by promotion through the Commission from amongst the substantively appointed Junior Engineers (Civil) and Junior Engineers (Technical) who have completed seven years service as such on the first day of the year of recruitment.

Provided that the promotion shall be made in such a manner that ninety percent posts shall be filled up by Junior Engineers (Civil) and ten percent posts shall be filled up by Junior Engineers (Technical)."

5. Thedispute is between the Junior Engineers of the PWD department of the U.P. Government who a