MC 1604/2010 BEFORE THE HON’BLE MR JUSTICE P.K. MUSAHARY This application has been filed by the applicant who was respondent No. 7 in WP( C) No. 9528/2004 praying for review/ modification/ clarification of judgment and order dated 18.1.2010 passed by this Court in the aforesaid writ petition. In t he aforesaid order dated 18.01.2010, the respondent authorities were directed to fill-up the existing post of LD Assistant in strict compliance of relevant rule s namely Assam Ministerial District Establishment Service Rules, 1967 and the po licy framed therein and also taking into account reservation of SC/ST and Grade -IV employees within a period of 3 (three) months from the date of furnishing ce rtified copy of the order by the the writ petitioner to the concerned respondent authorities. It was also provided that till the regular promotion/ appointment is made the private respondent No. 7 (present applicant) shall be allowed to con tinue in service as LD Assistant. Further it was made clear that the authorities concerned shall not allow the private respondent No. 7 (present applicant) beyo nd 3 (three) months from today. The respondent Executive Engineer, PWD, Kokrajhar Rural Road Division vide order dated 26.5.2010 reverted back the present applicant to Grade-IV post w.e.f. 1st June, 2010. The respondent Executive Engineer vide another order dated 8.6.2010 , allowed the present applicant Sri Monoj Ghosh to continue in service as LD Ass istant (Grade-III) until further orders. This facts have been disclosed in the a ffidavit filed by the respondent Executive Engineer in the present misc. case. From the above it appears that the respondent authorities have failed to comply with the direction given by this Court for filling up the post of LD Assistant. This Court by an order dated 24.02.2011 directed the Chief Engineer, PWD (Roads) Chandmari, Guwahati and the Executive Engineer (PWD) Kokrajhar to appear in pers on before this Court on 3.3.2011 at 10-30 A.M. along with affidavit explaining t he position. The aforesaid officers came to appear before the Court but on that date I was holding Court at Itanagar Bench for which they returned reporting the ir presence before the Registrar General. However, they have filed affidavits. T he affidavit filed by the respondent Executive Engineer, PWD is exhaustive. In p ara 7 it has been stated that the Director, PWD (Roads), BTC by a communication dated 1.4.2010 informed that the appointment of Saifor Uddin Ahmed could not be considered for up-gradation of AD Assistant due to lack of qualification and exp erience. However, it has been admitted by the respondent Executive Engineer that he should have initiated the process of selection by following the necessary fo rmalities but, due to an incorrect understanding and interpretation of the order dated 31.5.2010 the process was not initiated for which he tendered his unreser ved/unqualified and unconditional apology. On instruction Mr. I Choudhury, learned Standing Counsel PWD, submits that the r espondent authorities shall initiate the recruitment process after the ensuing A ssembly Election in the State and complete the entire process within 3 (three) m onths thereafter. On such assurance given by the learned Standing Counsel, this application is closed with the direction to the respondent authorities to compl ete the process within 3 (three) months after the ensuing Assembly Election in t he State. Till then the placement of present applicant Shri Monoj Ghosh shall no t be disturbed.