The assumption of the respondents that the cadre of JEs.
From the Judgment and Order dated 15.7.1988 of the Madhya Pradesh High Court in M.P. No.
had ceased to exist long before the absorption of the present appellants into the Department is incorrect.
1980, the cadre did number die, for the JEs.
of the Department who were then function ing companytinued to function as before until they were promoted in due companyrse as AEs.
The figures in companyumns 4 and 5 were substituted by the following in respect of both the Civil Branch and the Elec trical Mechanical Branch 4 5 60 40 33 by SEs.
CIVIL APPELLATE JURISDICTION Civil Appeal No, 1191 of 1990.
K. Sen, A.K. Gupta and N.P. Mahendra for the Appellants.
But for this, the posts of Assistant Engineers were to be filled up equally by promo tion from subordinate cadres and direct recruitment.
B. Datar, Satish K. Agnihotri, Devender Singh, Ashok Singh and R.B. Misra for the Respondents.
The relevant cabinet order set out the following terms there fore The posts of Junior Engineer in the three works depart ments should be abolished.
The interesting feature regarding the amendments of 1981 relied upon by Sri Datar is that they left the rules quoted above and Schedules I IV untouched.
The Judgment of the Court was delivered by RANGANATHAN, J. The companytroversy in this Special Leave Petition arises out of the merger, with effect from 1.10.1982, of the staff of the Madhya Pradesh Lift Irriga tion Corporation hereinafter referred to as the Corpora tion with that of the Irrigation Department of the State Government companysequent on the abolition of the Corporation.
in the Corporation were equivalent respectively to the cadres of Junior Engineer J.E. and Sub Engineers S.E. in the Irrigation Department of the State.
600 of 1985.
on 27.5.
It is companymon ground that the qualifications for appointment to the two sets of posts were the same and that their pay scales were also the same.
They only amended Schedule II in two respects In the heading of companyumn 5, the words By promotion were substituted for the words By promotion of substantive members of the service vide rule 7 b .
As pointed out earlier, though the decision to abolish the cadre was taken in 1979 and the existing posts were companyvert ed into those of AEs.
