WP(C) 1487/2007 BEFORE THE HON’BLE JUSTICE MR B.K. SHARMA Heard Mr. Y.S. Mannan, learned counsel for the petitioner as well as Mr. B.J. Ghosh, learned State Counsel. By means of this writ petition, the petitioner has prayed for a directio n to the respondents to appoint him to a Grade-III post commensurating to his ed ucational qualification, which is said to be BA. The petitioner is a surrendered ULFA militant. He was appointed as Chowkidar under the particular rehabilitatio n scheme. While in service, the petitioner obtained his graduation and being eli gible for Grade-III post, prayed before the respondent authority for his upgrada tion / promotion to a Grade-III post. By filling an additional affidavit, the petitioner has brought on record the particular advertisement that was issued in 2009 for the post of Junior Ass istant. According to the petitioner, issuing such advertisement for direct recru itment, the claim of the petitioner for promotion was frustrated. Merely because the petitioner is a graduate, he cannot claim automatic u pgradation. For such promotion, the provisions in the recruitment rules will hav e to be followed. Mr. Mannan, learned counsel for the petitioner has referred to Annexure-C letter dated 4.1.2002 addressed to the Director of Tourism by the Go vt. of Assam in the Tourism Department conveying that Govt. had agreed for adjus tment of eligible Grade-IV employees not exceeding 20 numbers (meant for qualifi ed SULFA candidates), against the available vacant Grade-III post as per availab ility and suitability. He has also referred to the communications dated 23.2.200 6 (Annexure-E), dated 5.2.2005 (Annexure-F) as well as Annexure-G communicated d ated 25.5.2006 by which there was recommendations for rehabilitation of surrend ered militants, who were appointed against Grade-IV posts by way of adjustment t o Grade-III posts. By Annexure-G letter dated 25.5.2006, the Govt. in the Touris m Deptt. had directed the Director of Tourism to take appropriate action on the representation submitted by the petitioner. It is on the above basis, the petitioner has prayed for a direction of h is adjustment / promotion against a Grade-III post. Mr. Mannan, learned counsel for the petitioner submits that similarly situated surrendered militants have al ready been adjusted / appointed / promoted against Grade-III posts leaving aside the case of the petitioner. Mr. B.J. Ghosh, learned State Counsel submits that the State Govt. could not have issued the aforesaid directions contrary to the provisions in the Recr uitment Rules. He submits that promotions will have to be effected as per the pr ovisions of the Recruitment Rules. I have considered the matter in its entirety. I am not inclined to issue any direction for promotion of the petitioner instead it is hereby provided tha t the case of the petitioner may be considered as per the recruitment rules alon g with other similarly situated persons and as per the policy decision of the Go vt. With the above observations, the writ petition stands disposed of, witho ut however, any order as to costs.