RUP NARAYAN PRADHAN Vs. MRINAL KR ROY

JUDGEMENT

(1.) BROADLY speaking we have been called upon in this appeal to answer the question as to whether after merger of two cadres officers of a merged cadre would still hold their seniority qua the seniority of the officers in the original cadre or such officers of merged cadre would be placed below the officers in the original cadre in the seniority list.

(2.) WE have heard Shri P. K. Tiwari, learned counsel for the appellants and Smti Geeta Deka, learned State Counsel appearing for the State Respondents. The private respondent No. 1/writ petitioner was represented by Sri K. Jini, learned counsel. We have also perused the impugned judgment and the records of the writ petition.

(3.) THE writ petition being No. 508 (AP) 2002 was filed by the respondent No. 1 challenging the legality of inter se seniority of the Fishery Officers and Extention Officers (Fisheries) issued under office Memo No. Fish/e (G)39/98 dated 5. 11. 1998 by the Director of Fisheries, Arunachal Pradesh, whereby the Extension Officers (Fishery) have been given their due seniority in the merged cadre of Fishery Officers with retrospective effect. The writ petition was disposed of by order dated 21. 4. 2005. The relevant findings of the learned Single Judge are reproduced below: