H.S. Bedi 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 affirming 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.
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 the fact that the terms and conditions of the employees belonging to the said cadre are governed by the statutory Rules, on or about 1.8.2002, a purported office order was issued, the relevant part whereof reads as under:
...To maintain interdisciplinary coordination amongst various disciplines of CPWD, it has been decided that at zonal level all the 4 disciplines, viz, Civil, Electrical & Mechanical, Architecture & Horticulture of CPWD shall work under the administrative supervision and control of the zonal head, i.e. Chief Engineer. The officers of all disciplines in a zone will exercise their delegated powers and will report to the Chief Engineer who will further report to the ADG(Region). This system will function under the following guidelines:
i) Each zone shall be headed by a CE(C) or CE(E) subject to the conditions there will be at least one CE(E) heading a zone in each Region....
4. On or about 11.3.2003, another office order bearing No. 34/03 was issued by the Central Public Works Department stating;
Sub: Reorganisation of zones in New Delhi Region under ADG (S&P) for unified control.
In pursuance of Ministry of Urban Development & Poverty Alleviation Office Order No. 28017/2/2002- EW.1 dated 1.8.2002 and in order to maintain interdisciplinary coordination amongst various disciplines of CPWD, DG(W) CPWD is pleased to reorganise the circles & divisions amongst NDZ-1 & NDZ-2 and Electrical Zone, New Delhi Region on trial basis. The Electrical Zone (NDR) thus reconstituted shall be known as New Delhi Zone-5.
2. The officers of all discipl........