TEJENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellants were petitioners in writ petition bearing C.W.J.C. No. 8239 of 1993. They have preferred this appeal against the ORDER :dismissing the said writ petition and rejecting their prayer for being granted the benefit of continuous officiation in the rank of Assistant Engineer.

(2.) THE learned writ court after noticing the facts of the case in brief has noticed the decision of the Hon'ble Supreme Court in the case of Nirmal Kumar Chaudhary and others vs. State of Bihar and others reported in A.I.R. 1988 S.C. Page 394. In that case the writ petitioners were parties as Respondents. It is not in dispute that it was on the basis of the direction in the said JUDGMENT :, the seniority list of Junior Engineer was prepared and that seniority list is not under challenge in this case.

(3.) THE case of the appellants is that since they got ad -hoc officiation in the rank of Assistant Engineer since 31.3.73, they are entitled to get seniority in the rank of Assistant Engineer with effect from that date. On the other hand, the stand of the Respondent -State is that the petitioners were not promoted to the post of Assistant Engineers even on ad -hoc basis rather they were simply posted on current charge basis in their pay scale of Junior Engineer as a stop gap arrangement. They were never promoted in the rank of Assistant Engineer before 1988 when the gradation list of Junior Engineer was published in terms of the ORDER :of the Supreme Court.