When integrating cadres, factors such as the nature of duties, powers exercised, responsibilities discharged, qualifications, and salary should be considered in determining seniority. Seniority cannot be determined solely based on length of service if it results in the demotion of employees who held higher positions before the merger.

In both these appeals similar question of fact and law are involved therefore they are disposed of by common order.

2. For convenient disposal of both the appeals fact given in the case F.M.A. No. 165 of 1992, State of West Bengal & Anr. v. The West Bengal Fishery Extension Officers Association & Ors., are taken into consideration.

3. This appeal is directed against the order dated 13th September, 1989 passed by the learned Single Judge in the writ petition filed by petitioners whereby the petitioners have claimed a writ of mandamus directing the respondents to withdraw the Government order dated September 11, 1984 and to forbear from proceeding any further in pursuance of the said Government order and to act in accordance with law. It is also prayed that the erstwhile Fishery Extension Officers may be placed above the Assistant Fishery Officers in the matter of determination of seniority in the West Bengal Junior Fishery Service Grade-II. Learned Single Judge after hearing both the parties allowed the writ petition and set aside the principle of seniority as has been determined by the said Government order and the State Government was directed to fix up the seniority of the members of the erstwhile Fishery Extension Officers prior to 1.10.1971, treating them en bloc seniors to that of Assistant Fishery Officers. Learned Single Judge also held that the principle of seniority adopted by the respondents and preparations of the gradation list are also set aside and the State respondents is directed to prepare a Fresh gradation list in accordance with the observation made by the learned Single Judge. Aggrieved against this order passed by the learned Single Judge dated 13th September, 1989 in Civil Rule No. 16198 (W) of 1985 this present appeal has been filed by the State Government.

4. The brief facts giving rise to this appeal are writ petitioner respondents in the first mentioned appeal are the employees of the Directorate of the Fisheries under the Department of Fisheries of the Government of West Bengal. They are at present members of the newly constituted cadre of West Bengal Junior Fisheries Service Grade-II appointed as Fishery Extension Officers (Rs. 175-325/-). Another cadre known as Assistant Fishery Officer (A. F. 0.) was created in the year 1957 and the same was included in the West Bengal Subordinate Fisheries Service Class-II. In 1961, the Assistant Fishery Officers were granted pay scale of Rs. 150-250/- which continued upto September 1971. In October 1971 their scale was revised to Rs. 300-600/-. The post of Fishery Extension Officer (F.E.O.) was created in 1965 with the pay scale of Rs. 175-325/-. The said posts were not included in any specific State service. From October 1971, the pay scale of both the posts were given the same pay scale of Rs. 300-600/-. The post of F.E.Os. were not included in any other specified service in the Fisheries Department of the Government of West Bengal and the said F.E.Os. constituted an independent and separate unit of administration and was an independent cadre having higher pay scale and higher status than those of the members of the then West Bengal Subordinate Fisheries Service Class-II which included the post of the A.F.Os. The personnel’s of F.E.Os. who were enjoying higher status and pay scale. Their case is that A.F.Os. were given appointment as F.E.Os on promotion with the incremental benefit which is normally given at the time of promotion. The petitioners in the petition (C.R. No.16198 (W) of 1985) quoted some of the instances of the persons like Santosh Kumar Sarkar and n others that those persons who held the post of the A.F.Os. were promoted to the post of F.E.Os. on promotion. It was also pointed out that A.F.Os. who are being appointed in the post of Fishery Extension Officers had to be confirmed afresh in the post of F.E.Os. It is pointed out that the post of the Fishery Extension Officer enjoyed a higher pay as well as higher status though subsequently the