CIVIL WRIT JURISDICTION CASE No.426 OF 1993 In the matter of an application under Articles 226 and 227 of the Constitution of India. SHEO MANGAL SINGH, SON OF LATE RAMDEO SINGH, RESIDENT OF VILLAGE CHARIHARU, P.S. MASRAKH, DISTRICT SARAN AT PRESENT POSTED AS EXECUTIVE ENGINEER, TUBEWELL DIVISION, IRRIGATION DEPARTMENT (NOW KNOWN AS WATER RESOURCES DEPARTMENT), BARRIAH (WEST CHAMPARAN).--------------------------------------------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM-SECRETARY TO GOVERNMENT, WATER RESOURCES (IRRIGATION) DEPARTMENT, GOVERNMENT OF BIHAR, SINCHAI BHAWAN, PATNA. 2. THE JOINT SECRETARY TO GOVERNMENT, WATER RESOURCES (IRRIGATION) DEPARTMENT, 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 petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the gradation list dated 14th July, 1992 and has made a prayer that he should be placed at the correct serial in the gradation list of the cadre of Assistant Engineer (Civil) post belonging to the Bihar Engineer Service, Class II. The petitioner was promoted on 14.6.1975 vide annexure-4 dated 28.3.1977 to the post of Assistant Engineer. Initial date of appointment of the petitioner was on 27.4.1956 in the cadre of Overseer which is now known as Junior Engineer. By a notification dated 1.2.1973, he was made Incharge of a 2 newly created Sub-division and posted as Assistant Engineer vide annexure-2. Annexure-2 would indicate that the posting was by way of a stop gap arrangement and that the petitioner although transferred on the post of an Assistant Engineer was receiving the salary of a Junior Engineer. It is being specifically stated that this posting vide annexure-2 would not give him the benefit of claiming seniority in future. The petitioner’s contention is that since he was working on the post of an Assistant Engineer from 1.2.1973, his date of promotion vide notification dated 28.3.1977 should be treated as 1.2.1973 and not as 14.6.1975. Counsel for the State on the other hand submits that the petitioner along with several other persons was promoted on ad hoc basis as Assistant Engineers on 14th of June, 1975. After posting, the petitioner joined the post of an Assistant Engineer and had been working on the said post ever since. The Bihar Public Service Commission by notification issued on 28.3.1977 has granted regular promotion to the petitioner along with several others on the post of Assistant Engineers and it has been specifically mentioned that the date of promotion would be counted on the date on which they had joined the said post. The argument that the petitioner has joined t he post of Assistant Engineer on 1.2.1973 cannot be upheld, on the ground, that from annexure-2 clearly indicates that the posting of the petitioner was only a stop gap and temporary arrangement made because of the 3 fact that a new division was created and Assistant Engineers were not available for the post and as such he was transferred on the post of Assistant Engineer subject to the condition aforesaid. This could not give the petitioner a right to claim that the date of his promotion to the post of Assistant Engineer should be reckoned from 1.2.1973. Counsel for the petitioner has referred to the orders passed in CWJC No. 4246 of 1985. The said decision was quoted in CWJC No. 2270 of 1990 read with CWJC No. 2352 of 1990. In the said case that the petitioners were promoted to the post of Assistant Engineers (Civil) after obtaining recommendation from Bihar Public Service Commission on 1.3.1973. The grievances of the petitioners were that they had been shown lower in the gradation list treating the date of promotion w.e.f. 17.6.1976. Reference was made to the judgment of CWJC No. 4246 of 1985, which has been quoted and reads as follows: “In the instant case, the petitioners and the private respondents have been appointed against the posts of Assistant Engineer in accordance with the recommendation of the Commission. As such their seniority as Assistant Engineers should be determined with reference to the date of entry in service whether they have entered in the service by promotion or through the process of direct recruitment.” In view of the Division Bench judgment, the Court held that the since the entry of the petitioners on the post of Assistant Engineer was 1.3.1973 therefore, the gradation list should be accordingly prepared. In the present case the petitioner was not granted regular promotion to the post of Assistant Engineer vide annexure-2 dated 4 1.2.1973 whereas in the cases referred to, the petitioners of that case were granted regular promotion by the Bihar Public Service Commission w.e.f. 1.3.1973 and as such the Division Bench judgment has held that they should be treated to have entered the service on 1.3.1973. The case of the petitioner is not on a similar footing to the cases referred to in the writ application and as such I find that the cases referred to do not support the contention of the petitioner for reasons already explained in this order. The date of entry to a post would be counted on the date when a person is given regular promotion to the post. A temporary posting by way of a stop gap arrangement or by deputation does not create any right in favour of a person so posted. Accordingly I find no merit in this writ application. This application is dismissed. Patna High Court, The 15th of April, 2010 N.A.F.R./Sanjay (Sheema Ali Khan, J.)