JUDGMENT

S.B. Sinha, J.-

Introduction :

The usual problem which frequently arises in service matters i.e. inter se seniority between two groups of employees is involved in these appeals which arise out of a judgment and order dated 23.5.1997 passed by the High Court of Patna in L.P.A. Nos. 100, 158, 101 of 1994 and C.W.J.C. No. 7826 of 1995.

Background Facts :

2. The appellant and the contesting respondents were appointed in the Bihar Subordinate Engineering Service Cadre as Junior Engineers. The sources for appointment to the rank of Assistant Engineer in Bihar Engineering Service Class II were : (a) from Junior Engineer (Diploma Holder) Cadre to 30 of cadre strength of Assistant Engineers; (b) from Engineer Assistant Cadre (Engineering Graduate or equivalent Degree Holder) to 20 of total cadre strength of Assistant Engineers; and (c) 50 of the posts of the Assistant Engineers from direct recruitment of Engineering Graduate or equivalent Degree Holders from outside.

3. On or about 17.8.1973, the cadre of Engineer Assistants was abolished in various phases and only promotional avenue was left for Junior Engineers from amongst the quota of 30 of the diploma-holders. Keeping in view th