WP(C) 2626/2009 BEFORE HON’BLE MR JUSTICE I A ANSARI Heard Mr. D. K. Saikia, learned counsel for the petitioners, and Dr. B. Ahmed, l earned counsel, appearing on behalf of the respondents. Pursuant to a decision of government for promotion, amongst others, of G rade-IV staffs of the Department of Irrigation, Government of Assam, the office of the Executive Engineer, Koliabar, and Integrated Kollong Irrigation Division, held a selection process, for the purpose of giving promotion to Grade-III post from Grade-IV post. This selection was held for as many as eights posts and a select list, in this regard, was published pursuant to the selection held. Wher eas the petitioner No. 1 herein stood at serial No. 8 of the merit list, petitio ner Nos. 2 and 3 stood at serial Nos. 14 and 15 respectively. In the meanwhile, some of those, who had appeared in the selection process, came to this Court by way of writ petitions and their cases have been directed to be considered in te rms of their position, in merit list, subject to availability of vacancies. One such case, disposed of by this Court, on 11.11.2009, is WP(C) No. 3630/2009. T he relevant observations, made by the Court, and the directions given, in the or der, dated 11.11.2009, aforementioned, read as under: \Dr. B. Ahmed, learned Standing counsel for the Irrigation Department, while agr eeing with the submissions on behalf of the petitioner, points out that the case of the petitioner can be considered subject to the availability of vacancy as i n the select list only three posts of LDAs were shown. However, the learned Sta nding counsel submits that the writ petitioner is in the same legal footing as S mti Banti Saikia (Das) (Sarma), who was the writ petitioner in WP(C) No. 6940/20 05. Having regard to the agreement of the counsels, as noticed above, this writ peti tion is disposed of by directing the respondents to deal with the claim of the w rit petitioner as was ordered by this Court in Smti Banti Saikia (Das) (supra), following the decision, in Smti Usha Rani Bora (supra) subject of-course to avai lability of vacancies, to consider the case of the writ petitioner. The writ petition is disposed of accordingly. A copy of the order in WP(C) No. 7563/2005 and WP(C) No. 311/2009 be kept in the record of this case.\ From what have been observed by the Court, it becomes clear that not mor e than eight posts of Grade-III can be filled up pursuant to the selection proce ss, which has been held. In that view of the matter, except petitioner No. 1, t he remaining petitioners, namely, Shri Tulan Mahanta, and Sri Upen Saikia (who s tand on the merit list at serial Nos. 14 and 15 respectively) cannot be accommod ated on the strength of their selection if those, whose names figure in the meri t list from serial Nos. 1 to 7, opt to avail promotion. Considering, therefore, the matter in its entirety and in the interest o f justice, this writ petition is disposed of with direction that the respondents shall deal with the claim of the writ petitioners in accordance with the observ ations made hereinabove, and pass appropriate order(s) within a period of one mo nth from the date of receipt of a copy of this order by respondent No. 4, namely , Executive Engineer, Koliabar, and Integrated Kollong Irrigation Division. No order as to cost. Furnish a copy of this order to the Standing counsel of Irrigation Depar tment. The petitioners may furnish a certified copy of this order to the respon dent No. 4 for the purpose of enabling the respondents to take action in terms o f the directions given hereinabove.