Nirmal Kumar Choudhary & Ors. Etc vs State Of Bihar And Ors., Etc on 16 December, 1987
This yardstick employed by them in gradation
in the common seniority list of both groups
of petitioners and Respondent 3 to
Respondent 19 bears a reasonable
classification and nexus with the respective
pre-merger official positions held by them at
the time of amalgamation and equation of
their posts with JMG Scale-I. In the situation
obtainable, I find this as the most reasonable
and equitable basis for the purpose of
preparation of the common seniority list
dated February 16, 1996 vide Annexure-C.
This was not the situation obtainable in the
case of Nirmal Kumar Choudhary, (supra),
which was sought to be relied upon by the
learned counsel for petitioners to support
their case. In that case of Nirmal Kumar
Choudhary, three wings of
Overseers/Supervisors working in one and the
same Department of Agriculture on permanent
and temporary basis were merged in the cadre
of Junior Engineers and their integrated
seniority list was prepared. When that list was
challenged before the High Court, it was held
that the combined seniority of the Engineers in
the merged category should have been fixed on
the basis of confirmation of the posts instead of
determining the same on the length of service
of permanent and temporary Engineers. When
the decision of the High Court was taken in
appeal before Supreme Court, it came to be
disposed of holding: