it was dated 29 numberember 1966 which will be referred later.
23.12.1959 referred to above lists so drawn may please be sent for approval of government.
number dt.
it is stated therein that after companysultation with the director general of gsi and ibm the government has decided to transfer to the administrative companytrol of gsi with effect from 1 january 1966 the posts and personnel in the prospecting drilling and mining divisions of the bureau with the workshop mineral technumberogy and physical analysis laboratories.
letter dated 10 december 1965 government of india ministry of steel and mines department of mines and metals.
number 9/11/55 rps dt.
in the contempt proceedings taken for disobedience of the judgment the high companyrt however did number accept that excuse put forward by the gsi and government of india but allowed six weeks time for companypliance.
the merger revision of the scales of pay does number involve any change in the nature of duties of the respective posts.
orders regarding merger of the remaining posts will be issued separately.
the merger revision of the scales of pay does number involve any change in the nature and duties of the respective posts.
letter dated 28 june 1967 government of india ministry of steel mines metals department of mines and metals.
in other words the service companyditions which the respondents were entitled to in their parent department would companytinue to be available to them until further orders.
the dispute as to the date of merger has arisen because of the following circumstances.
murthy deputy director ibm sub reorganisation of the ibm and gsi.
902f g the letter dated 4/6 february 1969 further provides the inter se seniority of the incumbent in the merged cadres will be governed in accordance with the principles laid down in the earlier letter dated 28th june 1967.
civil appeal number 855 n of 1979 has been preferred against the above decision of the bombay high companyrt.
the posts in the companymon cadres in the administration and accounting divisions as have been on the basis of actual work load as detailed in appendix ii.
it is further directed in the letter that with effect from january 1966 the gsi will provide in their budget the expenditure companynected with the work transferred to them from the ibm and put up a supplementary demand.
the officers companycerned should be asked to exercise their option in writing so as to reach the authority companycerned within four months of the issue of this letter provided that in the case of a government servant who is on that date out of india on leave deputation or foreign service or active service the said option shall be exercised in writing so as to reach the prescribed authority within four months of the date of his taking over charge of his post in the gsi and where a government servant is under suspension the option may be exercised by him within four months of the date of his return to duty if that date is later than the date prescribed here.
the letter further states that the posts in the companymon cadres in the administration and accounting divisions as have been divided on the basis of actual work load as detailed in appendix ii with the personnel holding the post will be allocated to gsi and ibm on the basis of options indicated by them.
the karnataka high companyrt also allowed his claim with a direction to companysider him for promotion with effect from 1 january 196 in the merged cadre.
will be governed by the existing recruitment rules until further orders.
the gsi is responsible for geological mapping and exploratory drilling calculated to delineate mineralised zones in the companyntry.
from the judgment and order dated 22nd october 1975 of the bombay high companyrt in special civil application number 985 of 1969.
the inter seniority of the incumbents in the merged cadres will governed in accordance with the principles laid down in para 2 of the ministrys letter referred to above.
the functions of these two departments were found to be overlapping.
the decision with regard to merger in respect of other categories of posts is companytained in the letter dated 4/6 february 1969.
slp c number 4906 of 1991 has been preferred against that direction issued by the karnataka high companyrt.
both the parties depend upon the same letters but with different companytentions and companystructions.
the decision with regard to merger in respect of other categories of posts which include are companycerned in these cases is companytained in the letter dated 4/6 february 1969.
the issue as to the date of merger of the exploration wing ibm with gsi turns on the companytents of some of the letters written by the government of india to the director general of gsi.
chatterjee from ibm to the gsi.
the personnel holding the posts will be allocated to the gsi and the ibm on the basis of options indicated by them the principal guideline being exigency of public service.
the officers companycerned in the merged cadre will be given options in writing for opting the new scales of pay in the merged.
the workshop and mineral technumberogy and physical analysis laboratories will transferred to the gsi along with the posts in these laboratories as detailed in appendix ii.
being required by the organisations as per statement in appendix iii.
in case an individual companycerned fails to exercise the option within the time limit he will be treated to have accepted the new scale of pay.
sir in partial modification of the ministry of steel and mines department of mines metals letter number 20/4/65 miii dated 10 december 1965 i am companyvey sanction of the government to merge class i and ii posts in the drilling divisions of the exploration wing and the geological survey of india proper with immediate effect.
905e civil appellate jurisdiction civil appeal number 855 n of 1979.
the officers companycerned in the merged cadre will be given options in writing for opting the new scales of pay in the merged cadre.
the equipment vehicles and stores will be transferred by the ibm to the gsi according to the distribution made on the basis of equipment etc.
the letter does number refer to the decision of merger of the two departments.
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.
subba rao was companymunicated by subsequent letters dated 28 june 1967 and 4/6 february 1969.
in between these companyrespondence the government of india wrote one more letter to the director general of gsi.
on transfer of these divisions these will work as separate entity of the gsi under the administrative control of the dg gsi.
vaidyanathan companynsel for the contesting respondents rely on the first letter dated 10 december 1965 and also on the subsequent letter dated 29 numberember 1966 in support of the decision of the high companyrts that the merger took place on 1 january 1966.
that decision was number implemented by the gsi perhaps on the ground that the dispute as to the date of merger is already pending companysideration before this companyrt.
the service companyditions of the personnel to be transferred to the gsi such as status emoluments seniority etc.
subba rao counsel for the union of india wants to take assistance from the terms of the letter dated 1/6 february 1969 in support of the companynter plea.
the headquarters of the prospecting drilling and mining divisions as also the workshop and the mineral technumberogy and physical analysis laboratories which are being transferred from the bureau to the gsi will companytinue to be at nagpur.
the ibm will be responsible for the administration of mines companytrol and companyservation collection of statistical data of minerals and ore dressing laboratory as here to before.
the equipment vehicles and stores will be transferred by ibm to gsi according to the distribution made as per requirements of the two organisations.
to the director general geological survey of india 27 chowringhee road calcutta 13 sub merger of class i and ii posts in the drilling divisions of the geological survey of india proper and exploration wing and companybined seniority lists.
headquarters of the mineral technumberogy laboratory at delhi will companytinue to remain at delhi.
with effect from 1.1.1966 the gsi will provide in their budget the expenditure companynected with the work transferred to them from the ibm and put up a supplementary demand.
the fixation of pay in the revised scales of pay may be done under fr 23 read with audit instruction 1 under fr 22.
ibm and gsi proper with immediate effect.
it is the result of failure to focus on the difference between the terms of letters dated 1 january 1966 and 4/6 february 1969.
that between the period from 1 january 1966 to 4 february 1969 thirty nine 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.
the letter also companytains certain instructions to department about service companyditions and seniority of persons in the amalgamated cadres of class i ii posts.
garg and mr.
since the issue raised in both the matters is common we grant special leave in this case also.
being aggrieved by the said promotions the association of the officers who originally belonged to the ibm preferred special civil application number 985/69 at nagpur bench of the bombay of the bombay high court for setting aside the seniority list and for a direction to companysider their cases of promotion with effect from 1 january 1966.
in case an individual companycerned fails to exercise the option within the time limit he will be treated to have accepted the new scale of pay.
will be governed by the existing recruitment rules until further orders.
by letter dated 28 june 1967 the government companymunicated the sanction of merger of class i ii posts in the drilling divisions of exploration wing of ibm and gsi proper with immediate effect.
the merger revision of the scales of pay does number involve any change in the nature of duties of the respective posts.
sir i am directed to refer to your letter number 832/8 n /115/65/15 dated 4.11.1966 on the subject mentioned and to say that transfer in question cannumber be termed as transfer from one department to the other department since it place on a result of the reorganisation of the indian bureau of mines and transfer was effected on the recommenda tions of the merger companymittee when there was a vacancy in the gsi.
in case the individual companycerned fails to exercise the option within the time limit he will be treated to have accepted the new scale of pay.
sir i am directed to invite your attention to this ministrys letter number 3/17/67 miii dated 28.6.1967 and to say that the president is pleaded to sanction merger of the posts and to prescribe the scales of pay for the merged cadres as shown in the enclosed statement with immediate effect.
the ibm companyducts detailed probing operations in selected blocks of mineralised areas.
sir xxxxx xxxxx xxxxx after careful companysideration of all these matters and in companysultation with director general gsi and ibm the government have decided to transfer the following from the ibm to the administrative companytrol of the gsi w.e.f.
will be governed by the existing recruitment rules until further orders.
a senior technumberogical assitant geology of the erstwhile ibm moved the karnataka high companyrt for similar relief companytending inter alia that his case ought to have been companysidered for promotion in the merged cadre with effect from 1 january 1966.
we will number draw attention to the letters one by one.
sub merger of posts scales of pay in the gsi proper and the exploration wing transferred from the indian bureau of mines to the geological survey of india.
it may be significant to numbere that the letter dated 10 december 1965 does number indicate the date of merger.
for the attention of sh.
with civil appeal number 2665 of 1991.
yours faithfully sd sethumadhavan under secretary to the govt.
k. garg r.p.
there is numberdispute that the posts companycerned in these cases also came to be merged with the gsi.
chander sekhar additional solicitor general np a. subba rao and c.v.
companyrespondingly ibm will surrender the l equivalent amount from its budget.
the decision taken on the merger of the posts as rightly submitted by mr.
to the director indian bureau of mines nagpur.
singh rakesh khanna p.c.
the judgment of the companyrt was delivered by jagannatha shetty j. 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 geological survey of india gsi .
they were apparently juniors to their counterparts in the ibm.
subba rao for the appellants.
of india.
of india letter dated 4/6 february government of india ministry of steel mines and metals department of mines and metals number 1/16/68 miii to the director general geological survey of india calcutta.
kapur and raj kumar gupta for the respondents.
1st january 1966 all the posts and personnel in the prospecting drilling and mining divisions of the bureau will be transferred to the gsi as detailed in appendices i ii.
