MADHUSUDANDUTTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) With the consent of the parties, this application has been admitted and is being disposed of finally.

(2.) In the present case, the petitioners have challenged the seniority list, as contained in Annexure 12, on the sole ground that the principle followed in fixing inter se seniority of the officers, who were initially recruited as District Engineers under the Rural Engineering Organisation but were brought in the common cadre of Executive Engineer in the Public Works Department by virtue of amalgamation of cadres, vide Annexure 1, is arbitrary add violative of Articles 14 and 16 (1) of the Constitution of India.

(3.) In short, the releyent facts are that initially the petitioners were appointed in the Bihar Engineering Service Class-II of the State Government whereas the respondents 7 to 15 were appointed is District Engineers in the Rural Engineering Organisation under Rural Development Department of the Government of Bihar. The cadre of the Bihar Engineering Service was distinct from the cadre of the District Engineers appointed in the Rural and Development Department. The State Government, vide its decision contained in memo No. 3226 dated 18th February, 1977, took a decision to amalgamate the cadre of the District Engineers with the parallel cadre of Executive Engineers of Public Works Department, vide Annexure 1. The said decision was taken by the State Government in the public interest. Thereafter, the seniority list of the amalgamated cadre was notified by the Road Constructions Department, vide notification No. 6541 (S) dated 11-12-1992, in which the date of initial appointment in the respective grades of the officers in the District Engineering cadre as well as the Public Works Department cadre has been made the basis for fixation of seniority.