WP(C) 3610/2011 BEFORE HON BLE MR JUSTICE AMITAVA ROY HON’BLE MR JUSTICE C.R.SARMA (Amitava Roy,J) Heard Mr Hoque, learned counsel for the petitioner and Mr Dey, learned Standing Counsel, Gauhati High Court, Guwahati appearing for the Respondent Nos 2 and 3. Also heard Mr PS Deka, learned State counsel appearing for the Respo ndent No.1. Shortly put, the factual background as can be obtained from the pleaded facts is that, the petitioner was initially appointed as a driver in the establishment of the District & Sessions Judge, Hailakandi at a consolidated pay of Rs.1000/-p er month by order dated 22.4.1992. According to him, though he was thereafter s elected for the post of driver, he was not appointed. He was subsequent thereto, allowed to discharge his duties as a driver in the office of the Chief Judicial Magistrate, Hailakandi. Though thereafter he was appointed against a post of driver on 20.6.1995 in the office of the Chief Judicial Magistrate, Hailakandi, his services were terminated and he was replaced by one Krishna Kanta Deb. Being aggrieved, he approached this Court with WP( C ) No.1406/1999 which was dispose d of with a direction to the respondents to consider his case as and when a se lection process is initiated for the posts of peon after giving him due weight age for his past services. According to him, in the year 2005, an advertisement was published for filling up the post of peon in the establishment of the Chief Judicial Magistrate, Hailakandi. Though he offered his candidature therefor, he was not issued the call letter. Being aggrieved, again he approached this Court with WP( C) No.3177/2005 and though at the intervention of this Court, he was allowed to participate in the process, nothing came out therefrom. Alleging that the respondent authorities are resorting to illegalities and ir regularities in making such appointments in the establishment of the Chief Judi cial Magistrate, Hailakandi, the petitioner has approached this Court for an app ropriate direction to the respondents to initiate A regular process of selecti on for the posts of driver/peon presently lying vacant in the establishment of the District & Sessions Judge, Hailakandi as well as in office of the Chief Ju dicial Magistrate, Hailakandi. Mr Hoque in course of his arguments has urged that the petitioner would, for th e present be satisfied if a direction is issued for filling up the posts of dr iver/peon as above by advertising the same and on the basis of the selection in accordance with law. Mr Dey in reply has contended that such a process ought to be pursued if the po st is a regular sanctioned one. Upon hearing the learned counsel for the parties and on a consideration of the p leaded facts, this petition is closed with a direction to the respondent Nos 2 a nd 3 to examine as to whether, the petitioner’s averment of vacancy of the post s of peon/driver is correct or not and if it is so and that the post(s) are reg ularly sanctioned, they would ensure that the same are filled up by a public par ticipatory process and in accordance with law and the relevant Rules applicable thereto. In the event of such a proceeding being initiated and if the petitione r offers his candidature , the appointing authority would if, he is eligible in terms of the stipulations advertised, consider his case and also accord due wei ghtage to the past services rendered by him on a proper evaluation thereof. The petition stands disposed in the above terms. No costs.