From the Judgment and order dated 2.3.1979 of the High Court f Patna in C.W.J.C. NO.1820 of 1977.
On 30th June, 1978, an amended companybined gradation list was published which was further changed on 18th July, 1978.
Engineers and other employees of the Minor Irrigation wing were, however, number amalgamated.
2049 of 1979.
2049 and 3 128 of 1979.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
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 companybined 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 companyrectness of the decision of the Division Bench of the High Court.
N. Kacker, and L.N. Sinha D. Goburdhan, M.L. Verma and A Dalip Tandon for the Respondents.
On 17th May, 1976, the Government ultimately approved the Minor Irrigation wing to amalgamate.
They are directed against the same judgment of the Patna High Court in an application under Article 226 of the Constitution filed by respondents 6 to 51 of Civil Appeal No.
The Judgment of the Court was delivered by RANGANATH MISRA, J. These two appeals are by special leave.
On 9th January, 1969, the State Government amalgamated the cadre of engineers and other employees of the Irrigation and the River Valley departments.
Both the appeals are disposed of by this judgment.
There were three different wings of engineers in the Department of Agriculture being Irrigation, Minor Irrigation and River Valley Projects.
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 companyclusion From the discussion of the facts of the case before us, it is clear that the petitioners got their substantive appointments earlier than the respondents companycerned and if seniority would have ranked on that companysideration, then the petitioners would have ranked senior in the integrated cadre.
Dr. Y.S. Chitale, S.S. Javali, Narendra Prasad and Ranjit Kumar for the Appellants.
