CIVIL WRIT JURISDICTION CASE No.484 OF 1993 In the matter of an application under Articles 226 and 227 of the Constitution of India. 1. SAFIQUE ANSARI, SON OF LATE ABDUL RAZAQUE ANSARI, RESIDENT OF VILLAGE BASTALWA, P.S. KARGHAR, DISTRICT ROHTAS, AT PRESENT EXECUTIVE ENGINEER, DRAINAGE AND INVESTIGATION DIVISION, WATER RESOURCES DEPARTMENT, PURNEA. 2. JAI CHANDRA SINGH, SON OF LATE J.P. SINGH, RESIDENT OF VILLAGE MILKIPAR, P.S. CHANDI, DISTRICT NALANDA, AT PRESENT EXECUTIVE ENGINEER, IRRIGATION DIVISION, BIJIKHORWA, WATER RESOURCES DEPARTMENT, BANKA ------------------------------- PETITIONERS Versus 1. THE STATE OF BIHAR, THROUGH THE COMMISSIONER AND SECRETARY TO GOVERNMENT, WATER RESOURCES (IRRIGATION) DEPARTMENT, GOVERNMENT OF BIHAR, SINCHAI BHAWAN, PATNA. 2. THE JOINT SECRETARY TO GOVERNMENT, WATER RESOURCES (IRRIGATION) DEPARTMENT, GOVERNMENT OF BIHAR, SINCHAI BHAWAN, PATNA. ------------------------------ RESPONDENTS For The Petitioner :R.N.MUKHOPADHAYA For The Respondent :Mrs. Nivedita Nirvikar, G.P.I. P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN S.A. Khan, J. Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. Petitioner no. 1 was appointed as Overseer (now known as Junior Engineer) in the Irrigation Department on 10.11.1954 whereas petitioner no. 2 was appointed on 1.5.1956. On 2.2.1973 they were transferred to a Sub-division and were made Incharge Assistant Engineers, as a stop gap arrangement, on their own pay scale. Thereafter the petitioners were granted ad hoc promotion on the posts of Assistant Engineer on 14.6.1975 and finally granted regular promotion to the posts of Assistant Engineer by the Bihar Public 2 Service Commission on 28.3.1977 from the date they held charge on the posts of Assistant Engineer. Petitioners are claiming that they should be treated to be Assistant Engineers from the date on which they took over charge in the Sub-division i.e. 22.2.1973. In my opinion, the date of taking over charge would be reckoned from the date on which they were granted ad hoc promotion to the posts of Assistant Engineer which is 14.6.1975, as that would be treated to be the date on which they were holding the posts of Assistant Engineers. The date of entry to a particular post either by way of promotion or by way of direct appointment has to be counted from the date of entry/promotion on that post. In the present case the date of promotion to the post of Assistant Engineer has to be reckoned from 14.6.1975 and not the date on which they were made Incharge on completely temporary basis and as stop gap arrangement. I therefore, find that the prayer of the petitioners that the gradation list should be changed and they should be treated in a cadre of Assistant Engineers, Bihar Engineering Service, Class II from 22.2.1973 is not tenable. This application is dismissed. Patna High Court, The 15th of April, 2010 N.A.F.R./Sanjay (Sheema Ali Khan, J.)