NIRMAL KUMAR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals are by special leave. They are directed against the same judgment of the Patna High Court in an application under Art. 226 of the Constitution filed by respondents 6 to 51 of Civil Appeal No. 2049 of 1979. In the Writ Petition the aforesaid respondents impleaded the State of Bihar and certain public officers as also all others who were included in the gradation list for purposes of seniority in the combined cadre of engineers in the Department of Agriculture. The other appeal is by the State of Bihar and its public officers and both the appeals challenge the correctness of the decision of the Division Bench of the High Court. Both the appeals are disposed of by this judgment.

(2.) There were three different wings of engineers in the department of Agriculture being Irrigation, Minor Irrigation and River Valley Projects. On 9th January, 1969, the State Government amalgamated the cadre of engineers and other employees of the Irrigation and the River Valley departments. Engineers and other employees of the Minor Irrigation wing were, however, not amalgamated . On 17th November, 1969 the Directorate of Minor Irrigation was made permanent and the State Government created a distinct and permanent cadre of Overseers who came to be known as Junior Engineers. 191 permanent posts of Overseers were sanctioned. Discussions were held and committees were appointed for the purpose of merging the Minor Irrigation wing with the other two wings which had already been amalgamated in 1969. On 17th May, 1976, the Government ultimately approved the Minor Irrigation wing to amalgamate. On 29th August, 1977, the Engineer-in-Chief-cum-Special Secretary, Irrigation Department, circulated a combined final gradation list said to have been prepared, taking into consideration the status of the Overseers as obtaining on 9th January, 1969. On 30th June, 1978, an amended combined gradation list was published which was further changed on 18th July, 1978. Respondents 6 to 51 had already filed their writ application before the Patna High Court being C.W.J. Case No. 1820 of 1977 which the High Court by the impugned judgment dated 2nd March, 1979 allowed. The High Court quashed the orders contained in Annexures 11, 1l/1, 12, 13, 13/1, 15 and 16 and called upon the State Government and its officers to prepare a fresh combined gradation list in accordance with the principles laid down in the judgment.

(3.) The High Court referred to all the materials that were placed before it by the different parties and in para 17 of the judgment came to the conclusion:-