Judgment

KULDIP SINGH, J.:- The question for our consideration in these appeals is whether by an executive order the Bihar State Government can merge the cadre of District Engineers which is a part of "Rural Engineering Organisation" with the cadre of Executive Engineers governed by statutory rules called the Bihar Engineering Service Rules, 1939 (hereinafter called the 1939 Rules).

2. Necessary facts to determine the above question are as under:-

The cadre of District Engineers was created by the erstwhile District Boards in the State of Bihar. The recruitment and conditions of service of the said cadre were governed by the Government District Engineers Service Rules, 1957 (hereinafter called the 1957 rules) which were framed under the Mar and Orissa Local Self Government Act, 1885 (hereinafter called the Act). Apart from the District Engineers, a Rural Engineering Cell of the Public Works Department was also functioning in the rural areas. Bihar Government by an order dated February 9, 1965, integrated the two into one organisation called "Rural Engineering Organisation" (hereinafter called REO).

3. The REO was an entirely new department headed by a Chief Engineer with the powers of