RANGANATH MISRA, G.L.OZA
Nirmal Kumar Choudhary – Appellant
Versus
State Of Bihar – Respondent
Judgment
RANGANATH MISRA, J.:- These two appeals are by special leave. They are directed against the same judgment of the Patna High Court in an application under Art. 226 of the Constitution filed by respondents 6 to 51 of Civil Appeal No. 2049 of 1979. 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 combined 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 correctness of the decision of the Division Bench of the High Court. Both the appeals are disposed of by this judgment.
2. There were three different wings of engineers in the department of Agriculture being Irrigation, Minor Irrigation and River Valley Projects. On 9th January, 1969, the State Government amalgamated the cadre of engineers and other employees of the Irrigation and the River Valley departments. Engineers and other employees of the Minor Irrigation wing were, however, not amalgamated . On 17th November, 1969 the Directorate of Minor Irrigation was made permanent and
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