Validity of regularization & absorption of services can be done class-2 post of Assistant Engineer

1. Mr. 'X' ( Diploma in civil engineering ) was initially appointed as ad hoc on the post of Junior Engineer on 09.12.1982 under Road Construction Deptt. Cadre and later on services were regularized from the initial date of appointment ( 09.12.1982 ) under provisions of Bihar gazetted officers Ad hoc Appointment ordinance,1986 and thereafter confirmed and promoted to Class-2 service on the post of Assistant Engineer on 03.05.2013.as per Rules. 2. Mr. 'Y' ( Degree in Civil engineering ) was engaged as Daily wager Junior Engineer on a subsequent date ( 23.07.1985 ) in the other Deptt ( Rural Development Deptt ) . Later on, the Department of Road Construction directly appointed Mr. 'Y' as ad hoc Assistant Engineer on 27.06.1987 without following the Rules and services placed to the Rural Development Deptt. 3. In the year 2014-15, Hon'ble Apex Court directed to regularize the services ( in view of Umadevi 3 case and judgment of constitution bench ) from initial date of appointment as Junior Engineer . In Contrary to Recruitment Rules , the State Govt firstly regularized services of Mr.'Y' on the class-2 post of AE, from 27.06.1987 on absorption basis and subsequently services of Mr 'Y' was again regularized on the post of Jr. Engineer from initial appointment date (23.07.1985) and confirmed too in JE grade and treated him as promoted Assistant Engineer from 27.06.1987 and consequential benefits granted accordingly . Recruitment Rules does not provide appointment without recommendation of Public Service Commission or by Absorption on the post of Assistant Engineer In such a situation , kindly advice that Mr. 'X' will be senior over Mr. 'Y' as the initial appointment of both 'X' any 'Y' in basic grade are in the same post of Junior Engineer. kindly advice or give your valuable suggestions please .