Decided on November 28,1969



- (1.) THIS petition under Article 226 of the Constitution is mainly directed against the promotion of R. K. Subramaniam (respondent 2) and K. B. Shah (respondent 3) as superintending Engineers. Accordingly, the petitioners have prayed for a writ of mandamus requiring the State Government (i) to revise the aforesaid orders of promotion of respondents 2 and 3; (ii) to deal with the appointments and promotions of those two respondents and all other members of the technical personnel of the Chambal Project so as not to assign to them in the gradation list any place above the last confirmed Assistant Engineer in the Public Works department (Irrigation Branch) and (iii) to conduct itself in accordance with the rules and principles of justice and fair-play in the matter of promotions in that department.
(2.) THE material facts giving rise to this petition may be shortly stated. In the new state of Madhya Pradesh formed in accordance with the provisions of the States reorganization Act, 1956, there was a branch o the State services called the madhya Pradesh State Engineering Service made up of two parts, (i) Irrigation and (ii) Building and Roads. It was constituted by integrating the corresponding services of the integrating units, namely, a part of old Madhya Pradesh, Madhya bharat, Vindhya Pradesh and Bhopal in accordance with the provisions of Section 115 (5) of the States Reorganization Act, 1956. The provisional gradation list dated September 12, 1959 is Annexure B-1 and the final gradation list dated April 6, 1962 is Annexure B-2. Although a part of the final gradation list was quashed by the Supreme Court by its decision reported in Union of India v. P. K. Roy, AIR 1968 SC 850, that has no bearing on the present controversy and it would not hereafter be necessary to refer to it.
(3.) IN one of the integrating units, namely, Madhya Bharat, there was a project called Chambal Project, for executing which the State of Madhya Bharat had set up a temporary organization. The engineering personnel required and recruited for the purpose formed a part of that temporary organization. They did not belong to the cadres of the regularly constituted engineering service of that State. For that reason, they were not included in the two gradation lists prepared under Section 115 (5) of the States Reorganization Act, 1956. However, by an order dated january 6, 1959, the new State of Madhya Pradesh, which had come into existence on November 1, 1956, decided to absorb the technical personnel of the chambal Project on certain terms and conditions contained in Annexure C. Thereafter, by orders dated July 16, 1965 and September 3, 1966 (Annexures D and E), the respondents 2 and 3, who had been so absorbed, were promoted as superintending Engineers. The petitioners, who are executive Engineers of the regularly constituted cadres of the State Engineering Service, have called in question not only the promotions of the respondents 2 and 3 as Superintending engineers but also the action of the State Government in absorbing the technical personnel of the Chambal Project in so far as it was prejudicial to the members of the regularly constituted cadres of the State Engineering Service.;

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