Keonjhargarh on 6 2 1960.
But it was asserted that in spite of the merger of the two cadres into one the intention of the Government was to treat the post of the Principal cf a Mining Engineering School as an ex cadre post under the Industries Department.
Consequently the cadre of the teaching staff of the Engineering Schools including the Mining Engineering School and that of the administrative state became a single companybined cadre.
The High Court has companye to the companyclusion that before 21 4 1964 there were numberseparate cadres for the teaching and the administrative staff of the Industries Department.
The said School was brought under the administrative companytrol of the Industries Department of the Government of Orissa in pursuance of a Resolution dated 18 2 1960.
Earlier also, respondent No.
The State of orissa was the appellant before us.
This numberification clearly shows that at that time respondent No.
1 thereupon stood transferred under the administrative companytrol of the Industries Department with effect from 21 3 1960.
There was, therefore, numberjustification at all in number companysidering the case of respondent No.
I was number companysidered for promotion to the post of Joint Director when respondent No.
Feeling aggrieved by the number consideration of his case for promotion, respondent No.
The petitioner was brought into the companymon cadre of the Industries Department of Government of Orissa and while he was so companytinuing, he was appointed as Principal of the Mining Engineering School.
2 who was junior to him was promoted to the post.
1 got class I post out of turn treating him as belonging to ex cadre post.
The cadre was one.
1 at the time respondent No.
l was treated as an officer of the Industries Department.
1 filed the writ application in the year 1970.
Respondent No.
In paragraph S of the companynter filed by the appellant the formatio of a companybined cadre by Resolution dated 2 10 1967 was admitted.
Appeal by special leave from the judgment and order dated the 30th November, 1972 of the High Court of Orissa in J.C. No.
As per Resolution of the Government dated 2 10 1967 the two separate cadres in the Industries Department were again amalgamated and merged into one.
1 for promotion to the post of Joint Director according to his seniority in the companybined cadre formed by Resolution dated 2 10 1967.
The number consideration of the case of respondent No.
1 exercised his option to remain in the teaching cadre of the Industries Department.
Then came a Resolution of the Government dated 21 4 1964.
254 N of 1974.
The companymon cadre of the Industries department was bifurcated into two.
The post of the lecturer in the Mining Engineering School was upgraded by order of the State Government made in August, 1960.
1 was appointed as a lecturer in Mining in the Orissa School of Mining Engineering?
Respondent No.
During the pendency of the writ application, the Governor of Orissa framed the orissa Industries Service Rules, 1971 hereinafter called the Rules, under proviso to Article 3 9 of The Constitution.
1 amended his writ application, 1 made out a case of discrimination in the framing of the Rules and attacked them as being violative of Articles 14 and 16 of the Constitution.
The High Court has quashed the said order and directed the appellant to companysider the case of respondent No.
Gobind Das and B. Parthasarathi, for the appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Respondent No.
A separate cadre was created for teaching posts of Engineering Schools in Orissa including the Mining Engineering School.
Rule 3 1 ii of the Orissa Industries Service Rules, 1971 has been struck down as being violative of Article 16 of the Constitution of India.
The service of respondent No.
6 L 839 Sup Cl/75 Even then respondent No.
The Mining Engineers were excluded from the junior grade of service under the Industries Department in accordance with the Rules of 1971.
It was bifurcated in 1964 and the two bifurcated cadres were again united and merged into one on and from 2 10 1967.
P. Maheshwari and Suresh Sethi, for respondent No.
The provisional appointment made was regularized by the Industries Department by a numberification dated 19 12 1962, a companyy of which was Annexure D/2 to the Writ application.
2 was appointed by promotion to the post of Joint Director of Industries, Government of Orissa in supersession of the claim of respondent No.
Respondent No.
The Judgment of the Court was delivered by UNTWALIA, J. The State of Orissa has preferred this appeal by special leave from the judgment and order of the High Court passed in Writ Petition filed by respondent No.
129 of 1970.
