Judgment

S. RANGANATHAN, J.:- The controversy in this Special Leave Petition arises out of the merger, with effect from 1-10-1982, of the staff of the Madhya Pradesh Lift Irrigation Corporation (hereinafter referred to as the. Corporation) with that of the Irrigation Department of the State Government consequent on the abolition of the Corporation. We have heard counsel on both sides and we are of opinion that these matters should be disposed of finally even at this stage. We therefore grant leave in the Special Leave Petition and proceed to dispose of the appeal.

2. Appellants 2 to 17 and certain other writ petitioners in the High Court were serving as Senior Technical Assistants (S.T. A.) in the Corporation. The cadres of S.T.As. and the lower cadre of Junior Technical Assistants (J.T.As.) 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. It is common ground that the qualifications for appointment to the two sets of posts were the same and that their pay scales were also the same. The appellants claim that they are entitled, after the merger of the Corporation into the Irrigation Department, to be treated as Junior Engineers and considered for promotion as Assistant Engineers on completion of two years of service but that this avenue of promotion is being denied to them by the State.

3. To appreciate the above contention, it is necessary to set out some historical background of the cadres in the State Department. Initially the Junior Engineers. post in the State Government was a non-gazetted post, governed by the Madhya Pradesh Irrigation Department (Non-Gazetted) Service Recruitment Rules, 1969. The Junior Engineers, on completion of two years minimum service, were entitled to consideration for promotion to the gazetted post of Assistant Engineer, a post governed by the Madhya Pradesh Irrigation Engineering Service (Gazetted) Recruitment Rules, 1968. On, March 17, 1973 the posts of Junior Engineers were declared to be gazetted posts. 75 of the posts of Assistant Engineers could be filled up by promotion from amongst Junior Engineers. On January 1, 1978 the Junior Engineers post was once again converted into a non-gazetted post. The quota for such of those Junior Engineers as were working as gazetted officers immediately before the issue of this order was retained at 75 as before for a period of two years by which time it was expected that all of them would get promoted as Assistant Engineers. But for this, the posts of Assistant Engineers were to be filled up equally by promotion from subordinate cadres and direct recruitment. The promotion quota was distributed among the subordinate cadres in the following proportion:

Junior Engineers (Non-Gazetted) - 25

Overseers (Sub-Engineers) - 20

Head Draftsman/ Draftsman - 5

4. In July, 1979 the Government decided to abolish the post of Junior Engineers in the State Irrigation Department. The relevant cabinet order set out the following terms therefor:

"1. The posts of Junior Engineer in the three works departments should be abolished. The Junior Engineers presently working in these departments shall continue to work in their existing pay-scales under the existing service conditions till their promotion. (Emphasis added).

2. The quota of recruitment for the post of Assistant Engineer, which is at present 60 should be raised to 75 .

3. 25 posts in the Sub-Engineer cadre be converted into selection grade posts and selection for the selection grade post should be made on the basis of merit-cum-seniority.

4. The quota prescribed for promotion of the Draftsmen should be reduced from 5 to 3 . Promotion quota of 2 should be reserved for those Sub-Engineers/ Draftsmen who obtain degree while in service.

5. The post of Junior Engineer cadre, which presently exists, should be converted into the posts of Assistant Engineers and Sub-Engineers with the concurrence. of the finance department."