WP(C) 1902/2011 BEFORE HON’BLE MR JUSTICE H. BARUAH Heard Mr. B. Choudhury, learned counsel for the petitioner. Also heard Mrs. M Go swami, learned G.A. for and on behalf of the respondents. By this petition, under Article 226 of the Constitution of India, the petitioner seeks for a direction to the respondent authorities, respondent No. 4 in partic ular to consider the petitioner for promotion to Grade-III along with eligible c andidates as and when a vacancy occurs. Petitioner was initially appointed as work-charged Khalashi cum Chowkidar of the Executive Engineer, Public Health Engineering Department Tangla on 28.10.1986. Vide Office Order No. 33 dated 28.10.1986 his services were regularized along wi th various others vide Office Order No. 126 dated 30.12.2003 by the Executive En gineer (PHE), Tangla Division, Tangla. On account of death of Barun Barman, a re gular driver in Grade-III, the petitioner herein was directed to discharge his d uty as driver and accordingly on and from 26.05.19998 he has been discharging hi s duty as driver in the office of the respondent No. 5, the Assistant Executive Engineer, PHE, Tangla Sub- Division. It is the grievance of the petitioner that though he has been discharg ing his duty as driver on and from 26.05.1998 in Grade-III post he has not been promoted by the respondent authorities despite serving the respondents for 12 ye ars. In the circumstance, the petitioner prays this court to issue a direction t o the respondent authorities, in particular respondent No. 4 to consider his cas e for promotion to Grade-III posts because of his discharging duties as driver f or 12 years as and when there vacancy occurs in the Grade along with eligible ca ndidates. The respondents by their affidavit contend that though the petitioner is a Gr ade-IV employee his services being regularized in the post, discharging his duty as driver on account of death of Barun Barman, a regular driver of the departme nt, he cannot ask for promotion. In the facts situation, therefore, it would be appropriate for this court to iss ue direction to the respondent authorities, in particular respondent No. 4 to co nsider the case of the petitioner along with other eligible candidates as and wh en a vacancy in Grade-III occurs in the department in view of discharging his du ty for 12 years as driver, a Grade-III post. It is made clear that the petitione r would not be entitled for promotion, if found unsuccessful. With the above direction, this writ petition stands disposed of.