WP(C) 2995/2011 BEFORE HON’BLE MR JUSTICE AMITAVA ROY Heard Mr Mannaf, learned counsel for the petitioner and Mr Deka, learned Standing Counsel, Education Department, Govt. of Assam. For the order proposed to be passed, it is not considered essential to issue for mal notice. The brief facts necessary for the disposal of this petition are that, according to the petitioner, he has been serving as a Chowkidar with Dhuhibala Madrassa Hi gher Secondary school ( for short, hereafter referred to as the ’school’) with e ffect from 18.8.1992 having been appointed as such by the then Managing Committe e. The Higher Secondary (Arts Stream) section of the school started functioning on receiving the approval of the concerned departmental authorities, following w hich, on a request being made by the Principal of the institution, the posts of the teaching faculty were sanctioned vide letter No. PC/Sec/198/171 dated 25 .3.1996 of the Joint Director of Secondary Education, Assam, Guwahati. Though in the staff pattern that was forwarded by the school authority, the name amongst others of the petitioner was mentioned as a Grade IV employee with effect from 18.8.1992, no sanction was made for this post. According to the petitioner, insp ite thereof, he has been rendering his services since then till date without an y break. Meanwhile, a regular Grade IV employee has been promoted as LD Assista nt in the school. He having unsuccessfully pleaded with the respondent authoriti es for his up-gradation to that regular Grade IV post, the petitioner is before this Court for redress. Whereas, Mr Mannaf has urged that having regard to the undisputed fact that the petitioner has been rendering his services as a Grade IV employee without any br eak from 18.8.1992, he is entitled to be accommodated against the regular Grade IV post that has fallen vacant, Mr Deka points out that in terms of Rule 4 of t he Assam Elementary Education( Provincialised) Service Rules, 2003( for short he reafter referred to as the ’Rules’), such accommodation is not permissible in la w. Upon hearing the learned counsel for the parties and on a consideration of the relevant facts as well as the enjoinment of the aforementioned rules, this Cour t is inclined to sustain the plea taken on behalf of the State respondents. Thi s is a matter of record that no post of Chowkidar was sanctioned by the departme ntal authorities for the institution though it had been proposed by the Princi pal thereof. This was happened in the year 1996. 15 years have passed in betwee n. Rule 4 of the Rules lays down the manner of appointment amongst others to Clas s IV post in a Higher Secondary School. In this view of the matter, even assumin g that the petitioner has been rendering unblemished services as Chowkidar in t he institution, he has no unassailable right for his appointment thereto only on the basis thereof. The fact that the petitioner services are required by the institution however, cannot be overlooked in view of the utilization thereof for last 19 years as o n date. It is, therefore incumbent on the part of the school authority to take s teps as contemplated in law to fill up the regular Grade IV post thereat. In that view of the matter, this petition stands closed by requiring the Princip al, Dhuhibala Madrassa Higher Secondary School to take necessary steps to fill u p the regular post of Grade IV that had been left vacant due to promotion of Md Muktab Ali to LD Assistant strictly in accordance with law. In such an eventuali ty, if the petitioner offers his candidature and if he complies with the condit ions of eligibility prescribed therefor, the same would be appropriately consid ered and in the process he would be granted necessary weightage for his past se rvices in assessing the comparative suitability of the contending candidates. No costs.