Judgment

S. SAGHIR AHMAD, J.

( 1 ) APPELLANT, who held a Degree in Engineering, was appointed as an Overseer on 23-3-1965 in the Sub-ordinate Engineering Service which is governed and regulated by the Orissa Service of Engineer Rules, 1941 (for short, the Rules ). There were many other Overseers who were only Diploma-holders. On and from 1-5-1965, the appellant was redesignated as Junior Engineer to distinguish him from other members of the Subordinate Engineering Service who were only Diploma-holders. It was, according to him, merely a functional designation. In spite of this designation, he was still described and designated as Subordinate Asstt. Engineer in the order dated 12-5-1969 by which he was transferred. The Overseers in the State of Orissa, are, undisputedly, known as Subordinate Asstt. Engineer.

( 2 ) ON 7-8-1972, appellant, along with a number of other officers, was promoted as Asstt. Engineer (Civil) on ad hoc basis. Since the posts of Asstt. Engineer (Civil) were within the purview of the Orissa Public Service Commission, it was indicated in the order of promotion that the promotion was for a period of six months or till the receipt of concurrence of the Orissa Public