The Government of Bihar had issued Circular dated June 21, 1969 in which it was stated that 30 of the posts of permanent as well as temporary Engineers were available to the demobilised Army officers and the date of entry into the State service would be the date of their attaining the age of eligibility for appointment in the military service or actual date of entry, whichever is later.
Request was acceded to and an order came to be passed by proceedings dated December 6, 1977 giving him the date of his permanent appointment for the purpose of seniority in terms of the Government Circular dated June 21, 1969 with effect from April 15, 1963.
But it is number necessary to burden the judgment with minute details of the entire history of the case Suffice it to state that Major Yogendera Narain Yadav, the appellant in the main appeal, was a short Commissioned Officer in the Army as Engineer and was appointed on April 15, 1963 and was released from the Army on October 25, 1970.
The appellant was found eligible for the promotion as Executive Engineer and thereafter as a Superintending Engineer and then as a chief Engineer and ultimately Engineer and then as a chief Engineer ad ultimately as Engineer in Chief by proceedings dated May 16, 1994 and he was accordingly promoted.
Pursuant thereto, the appellant made a request by a memorandum to the Government to companysider his case for permanent post available to the demobilised officers and appoint him to that post with effect from the date on which he joined the Army as Commissioned Officer.
It appears that pursuant to the directions issued in those writ petitions another DPC was companystituted and promotions were given to the respondents.
Engineer made in 1973 he was selected by the Public Service Commission and was appointed to the post on July 29, 1974.
Consequently, he filed a writ petition in the High Court, viz.,
Thus be became a permanent Assistant Engineer in Bihar Roads and Building Department, which was formerly known as Public Works Department.
the High Court has held that since the respondents were already working as on the date when the appellant had entered the service as Executive Engineers though as temporary Assistant Engineers, their seniority has to be reckoned from the date of their initial appointment.
Leave granted in the special leave petitions.
Engineers, unless they were appointed substantively to the post of permanent Asstt Engineers, they cannot steal a march over the appellant as a companysequence, he became senior to them.
December 29, 1966 and, admittedly, the other respondents were regularised as permanent Asstt.
When SLP bearing No.6794/94 was filed.
April 15, 1963 and the respondents having been, admittedly, recruited as temporary Asstt.
this Court directed that a fresh DPC be companystituted and in furtherance thereof the DPC was companystituted and the claims of all the respective persons were companysidered.
CWOC No.1563/92 which went against the appellant.
As a result, he cannot be promoted as against them.
Pursuant to an advertisement for appointment to a post of a temporary Asstt.
These appeals have a chequered history.
this promotion gave rise to filing of further writ petitions in the High Court which are the subject matters in other appeals.
Thus all the appeals have companye up together.
Thereby they became senior to the appellant.
When it was sought to get those promotions stayed and to companytinue him is his past service, all the matters were directed to be posted together.
