Subsequently, by an order dated February 17, 1968 he was appointed as Engineer Assistant by the Chief Engineer which order was modified on November 28, 1969 to read that the period of his appointment from January 19, 1967 to February 16, 1968 shall be treated on work charge basis and his appointment will be treated as from January 19, 1967.
The companytesting respondents were initially appointed as Engineering Assistants Civil and on the basis of the 8.33 per cent quota fixed for them for promotion to the next higher post of Assistant Engineers, they were promoted as Assistant Engineers Mechanical on different dates, but were given retrospective promotion w.e.f.
Respondents 4 and 6 were initially promoted on July 22, 1972 whereas respondent 5 was promoted on June 26, 1976.
November 12, 1971 and April 15, 1972 respectively whereas Respondent 5 was promoted w.e.f.
On this basis, he claimed seniority over respondents 4 and This claim of his was rejected by the High Court.
By a further order dated December 28, 1978 all the three respondents were granted promotion retrospectively w.e.f.
Respondents 4 and 6 were promoted retrospectively w.e.f.
ORDER The appellants were directly recruited as Assistant Engineers Mechanical in the Public Health Engineering Department of the State of Bihar.
It is against the said order of dismissal that the present appeal is preferred.
The appellant was appointed as Engineer Assistant on January 19, 1967 by the Executive Engineer of the companycerned Division.
August 22, 1970, they were shown as seniors to the appellants in the gradation list prepared by the State Government.
Hence the appeal fails and is dismissed with numberorder as to companyts.
The view taken by the High Court is unassailable.
On the basis of this retrospective promotion w.e.f.
August 22, 1970.
February 1, 1972.
August 22, 1970.
Hence this appeal.
