DIRECTOR GENERAL GEOLOGICAL SURVEY OF INDIA UNION OF INDIA Vs. GEOLOGICAL SURVEY OF INDIA EMPLOYEES ASSOCIATION:G R DEVADU

JUDGEMENT

(1.) In the field of mines and minerals, the government of India has two departments: (i) Exploration Wing of the Indian Bureau of Mines (IBM) and (ii) Geological Survey of India (GSI). The GSI is responsible for geological mapping and exploratory drilling calculated to delineate mineralised zones in the country. The IBM conducts detailed probing operations in selected blocks of mineralised areas. The functions of these two departments were found to be overlapping. The government of India, therefore, decided to merge the Exploratory Wing of IBM with the GSI to eliminate overlapping works and rationalise the functions of the two departments. To accomplish this purpose, different cadres of the Exploration Wing of IBM were merged with the GSI from different dates. There is no dispute that the posts concerned in these cases also came to be merged with the GSI. The question, however, for consideration is about the date of that merger; whether it was from 1/01/1966 or from any subsequent a date. The government of India contends that the merger took place on 4/02/1969 while the contesting respondents claim that it was with effect from 1/01/1966.

(2.) The dispute as to the date of merger has arisen because of the following circumstances. That between the period from 1/01/196 6/02/1969, 39 persons in the cadre of Lower Division Clerks belonging to GSI were promoted as Upper Division Clerks against the vacancies that arose in the GSI. They were apparently juniors to their counterparts in the IBM. Being aggrieved by the said promotions, theassociation of the officers who originally belonged to the IBM preferred Special Civil Application No. 985 of 1969 at Nagpur bench of the Bombay High court for setting aside the seniority list and for a direction to consider their cases of promotion with effect from January 1, 1966. It was contended before the High court that the merger of the two departmente took place with effect from 1/01/1966 and not from 4/02/1969 and therefore, there cannot be two separate channels of promotions from 1/01/1966 one for the employees of the Exploration Wing of IBM and another for the employees of GSI. The government of India sought to justify the promotions exclusively given to the officers of GSI between the period from 1/01/196 6/02/1969 on the ground that the actual merger took place not on 1/01/1966 but on 4/02/1969. The High court, however, did not accept the submission of the government of India. The High court summarised its conclusion thus:

(3.) Civil no. 855 (N) of 1979 has been preferred against the above decision of the Bombay High court.