MC 2996/2011 BEFORE THE HON’BLE JUSTICE MR B.K. SHARMA Heard Mr. B. Singha, learned counsel led by Mr. B.C. Das, learned senior counsel for the respondent No. 32-applicant as well as Mr. C. Choudhury, learne d counsel along with Mr. S. Sarma, learned counsel appearing for the petitioners . By means of this application, the applicant has prayed for vacation of t he interim order dated 17.8.2011, by which it was provided that no promotion sha ll be made to the post of CDPO from the post of Statistical Assistant. In the ap plication, the applicant has referred to the earlier order of this Court dated 1 5.11.2010, passed in WP(C) No. 3554/2010 ; WP(C) 1200/2010 ; WP(C) 716/2010 and WP(C) 2772/2010, out of which the present writ petitioner was one of the petitio ners in WP(C) No. 716/2010. By the said order, this Court in reference to the Assam Social Welfare ( Recruitment and promotion) Service Order, 1994 and the stand of the department t hat 22 Nos. of posts reserved for filling up from the cadre of Statistical Assis tant as per the direction of this Court vide order dated 3.3.2004 passed in WP(C ) no. 5346/2002, are required to be filled up, for which steps had already been taken, was vacated the interim order operating in the said writ petition i.e. WP (C) 716/2010, in which the present petitioner was one of the petitioners. It was also notice that according to the respondents, no steps have been taken to intr ude upon the quota car-marked for promotion to the cadre of CDPO. It was also no ticed that as regards the quota ear marked for employees working in the Statisti cal Wing of the Social Welfare Department, the same was done as per the directio n of this Court in the aforesaid case. Thus, the action of the official respondents is in terms of the aforesai d orders passed by this Court. It is on this count, learned counsel for the appl icant submits that the instant writ petition is not maintainable and barred by t he principles of resjudicata. Considering the matter in its entirety, the interim order dated 17.8.201 1 passed in the writ petition, stands modified, permitting the official responde nts to go ahead with the promotion to the post of CDPO from the cadre of Statist ical Assistant in accordance with law. However, one post may be kept aside from the purview of the promotion. It is further provided that in the event, the peti tioner succeeds in the writ petition, she will be entitled to consequential bene fits. With the above directions and observations, the MC stands disposed of. At this stage, Mr. C. Choudhury, learned counsel for the petitioner subm its that some of her juniors have been allowed to work as In-charge CPO. This gr ievance of the petitioner may be looked into by the Director of Social Welfare D epartment, Assam. Mr. B.K. Sarma, learned Standing Counsel, Social Welfare Depar tment, submits that the grievance of the petitioner has already been looked into by the Director of Social Welfare Department and consequential action is under consideration.