WP(C) 4533/2011 BEFORE THE HON’BLE MR. JUSTICE BP KATAKEY Heard Mr. Bora, learned counsel for the petitioner, Mr. Handique, learned State counsel for the respondent Nos. 1, 2 and 5 as well as Ms Bhattacharjee, learned counsel for the respondent Nos. 3 and 4. The grievance of the petitioner in the present petition is that though the Direc tor of Library Service, Assam vide communication dated 27.2.2003 intimated the J oint Secretary to the Govt. of Assam, Educational (CTM) Department for allowing him to take the required steps to fill up the posts of Sub Divisional Librarian and Library Assistant lying vacant, by way of promotion, nothing has been done t ill date. The learned counsel for the petitioner submits that despite issuance of the afor esaid communication dated 27.2.2003 no steps have been taken by the respondent a uthorities to fill up the posts by way of promotion and because of the non actio n on the part of the respondents the petitioner, who is holding the post of tech nical assistant since 5.8.1997 has been deprived from promotion to the next post of Library Assistant. It has also been submitted by the learned counsel for the petitioner that the administrative control of the Director of Library Service t hough was initially under the Education Department that has now been shifted to the Cultural Department of the Govt. of Assam. Though no affidavit has been filed by any of the respondents, the learned counse l appearing for the respondent Nos. 1, 2 and 5 as well as the learned standing c ounsel appearing for the respondent Nos. 3 and 4 have submitted that necessary d ecision relating to filling up the posts as reflected in the communication dated 27.2.2003 shall be taken and the consequent action shall also be taken. Having regard to the aforesaid communication dated 27.2.2003 issued by the Direc tor of Library Service, wherefrom it appears that 1(one) post of Sub Divisional Librarian and 4(four) posts of Library Assistant are lying vacant and that the p ost of Librarian Assistant is the promotional post of technical assistant as wel l as LD assistant and also keeping in view that no decision has been taken by th e Govt. in that regard, the present petition is disposed of directing the respon dent No. 1 to take the final decision relating to the requirement of filling up of the said posts within a period of three weeks from today and thereafter in ca se these posts are required to be filled up, to take all the necessary steps to fill up those posts, as per the Rules/Executive orders, by promotion, upon consi deration of the eligible persons coming within the zone of consideration. The en tire exercise will be completed within a period of four months from today. The writ petition is accordingly disposed of. The petitioner within a period of one week from today shall produce a copy of th is order before the respondent No. 1 namely the Commissioner and Secretary to th e Govt. of Assam, Cultural Department.