VINAY KUMAR VERMA AND OTHERS versus THE STATE OF BIHAR AND OTHERS

Citation: [1990] 2 S.C.R. 374 · Decided: 06-04-1990 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Dismissed

Judgment (excerpt)

VINAY KUMAR VERMA AND OTHERS 
A 
v. 
THE STATE OF BIHAR AND OTHERS 
• 
APRIL 6, 1990 
y-
B 
[KULDIP SINGH AND V. RAMASWAMI, JJ.] 
Bihar Engineering Service Rules, 1939: Rule 4---Cadre of District 
Engineers created by executive order-Merger of with statutory cadre of 
Executive Engineers-Validity of. 
"' 
c 
Rule 4 of the Bibar Engineering Service Rules, 1939 provided for 
... 
recruitment to the cadre of Executive Engineers in the Bihar Public 
-
Works Department by (i) direct recruitment, and (ii) promotion from 
Class II Service. The State Government by a memorandum dated 
February 18, 1977 merged with the cadre of Executive Engineers of the 
Public Works Department, the cadre of District Engineers functioning 
D 
under the Rural Engineering Organisation. The latter cadre was con-
_,..( -
stituted by the State in 1965 by integration of the Rural Engineering 
Cell of the Public Works Department and the cadre of District 
Engineers created by the erstwhile District Boards nnder the Govern-
ment District Engineers Service Rules, 1957 framed under ss. 36(a) to 
36(t) of the Bihar and Orissa Local Self Government Act, 1885. 
E 
The appellants-Assistant Engineers assailed the said merger 
before the High Court on the ground that it adversely affected their 
__..( 
chances of promotion, that the District Engineers' Service was 
constituted under the 1957 Rules framed under the 1885 Act whereas 
the cadre of Executive Engineers in the Public Works Department was 
F 
created by the 1939 Rules, and, as such the two cadres having been 
created under their respective statutory rules the same could not be 
' 
merged by an executive order, and that since under rule 4(i) and 4(ii) of 
the 1939 Rules recruitment to the .cadre of Exelllltive Engineers could 
only be by direct recruitment and by way of pro.\iotion, the merger of 
.. 1( -
District Engineers' cadre with the Executive Engineers was contrary to 
G 
the 1939 Rules. The High Court negatived their contentions. 
Dismissing the appeal, the Court, 
HELD: 1. The appellants, who were Assistant Engineers in the 
Bihar Engineering Service, Class II were not affected adversely by the 
',., 
H 
merger in any manner. The District Engineers were merged in the 
374 
·.)....___ 
V.K. VERMA v. STATE OF B!HAR & ORS. 
375 
cadre of the Executive Engineers along with the permanent posts which 
they were holding on the date of merger. The cadre of the Executive 
Engineers was thus enlarged with the result that more vacancies would 
become available in future to be filled by way of promotion from the 
cadre of Assistant Engineers. The merger would thus operate to their 
advantage rather than disadvantage. [378E-F] 
2. The provincialised cadre of District Engineers under the Dis-
trict Boards was constituted by the 1957 Rules but in the year 1977 when 
merger took place the Distrcit Engineers constituted an entirely diffe. 
rent cadre which was created in the year 1965 as a part of Rural En-
gineering Organisation. It did not have any statutory frame-wflrk. 
Since the cadre of District Engineers under the Rural Engineering 
Organisation was created by the State Government by an executive 
order the State Government could further merge the same with any 
other cadre by an executive fiat. The Executive Engineers were gover-
ned by the 1939 Rules which are statutory. Their statutory character 
has not been interfered with. The District Engineers were being merged 
with Executive Engineers and not the vice versa. [378H, 379B,379D I 
3. Rule 4(i) and 4(ii) of the 1939 Rules do not come into picture at 
all. It was not a question of appointment of.an individual to the Service. 
A group of persons similarly situated in respect of rank and pay scale 
was sought to be brought into the Service along with their posts. The 
State Government could always increase the number of posts in the 
cadre of Executive Engineers. The conditions of service of the existing 
members of Service are not being altered or affected to their prejudice in 
any manner. [379E-F] 
4. The merger order being a policy decision is in a way supple-
mental to the Rules and does not go contrary to any of the provisions of 
the Rules. [379F-G] 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 
4008-09 of 1985. 
·From the Judgment and Order dated 26.9.1983 of the Patna High 
Court in C.W.J.C. No. 1634 of 1977. 
WITH 
C.M.P. Nos. 5513-14and J9577-78of 1988. 
A 
B 
c 
D 
E 
F 
G 
H 
376 
SUPREME COURT REPORTS 
11990] 2 S.C.R. 
A 
. 
Shant

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