VINAY KUMAR VERMA Vs. STATE OF BIHAR
LAWS(SC)-1990-4-60
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on April 06,1990

VINAY KUMAR VERMA Appellant
VERSUS
STATE OF BIHAR Respondents


Cited Judgements :-

GOPALDAS VS. STATE OF BIHAR [LAWS(PAT)-1992-7-33] [REFERRED TO]
GOPALDAS VS. STATE OF BIHAR [LAWS(PAT)-1992-7-33] [REFERRED TO]
BIHAR RAJYA ZILA PARISHAD ABHIYANTRAN SEVA SANGH VS. RAJ DEO SINHA [LAWS(PAT)-2002-11-1] [REFERRED TO]
S. SIVAGURU VS. S. SIVAGURU [LAWS(SC)-2013-5-23] [REFERRED TO]
S SIVAGURU VS. STATE OF TAMIL NADU [LAWS(SC)-2013-5-83] [REFERRED TO]
Rashmi Shrivastava VS. Vikram University [LAWS(MPH)-1995-4-44] [REFERRED TO]
RASHMI SRIVASTAVA B D SRIVASTAVA VS. VIKRAM UNIVERSITY:VIKRAM UNIVERSITY [LAWS(SC)-1995-4-106] [REFERRED TO]
CHUBA JAMIR VS. STATE OF NAGALAND [LAWS(SC)-2009-7-53] [REFERRED TO]
RAJ BAHADUR SINGH VS. STATE OF U.P. [LAWS(ALL)-2014-1-21] [REFERRED TO]
BISHWA MOHAN KUMAR SINGH VS. BIHAR EDUCATION SERVICE ASSOCIATION [LAWS(PAT)-2010-5-206] [REFERRED TO]
BIHAR INTERMEDIATE EDUCATION COUNCIL EMPLOYEES ASSOCIATION PATNA VS. STATE OF BIHAR [LAWS(PAT)-2016-10-134] [REFERRED TO]
ASHUTOSH KUMAR UPADHYAY VS. VIJAY KISHORE ANAND [LAWS(ALL)-2021-7-56] [REFERRED TO]


JUDGEMENT

Kuldip Singh, J. - (1.)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 inspector of local works under the Act. Two posts of Superintendent Engineers, 19 posts of District Engineers and number of other subordinate posts were created under the Chief Engineer. In the new set up the cadre of District Engineers created under the 1957 Rules became almost extinct and assumed a new shape under the REO.
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