WP(C) 1979/2009 BEFORE HON’BLE MR JUSTICE B.K. SHARMA Heard Ms. M.Kechi, learned counsel for the petitioner as well as Mr. B.K . Sarma, learned SC, SWD. The matter relates to the claim of the petitioner for promotion to the p ost of ACDPO/CDOP at per with her junior. Admittedly she was superseded in the m atter of appointment. The Director of Social Welfare, Assam by his letter dated 22.11.2011 addressed to the Commissioner and Secretary, Social Welfare Departmen t has admitted the same. By the said letter a proposal has been made to create seven numbers of supernumerary posts of Supervisor (including the petitioner) without any retrospective effect. This has been done in view of the fact that so me of the Supervisors including the petitioner were superseded by their juniors. Applying the test of ’next below rule’ the petitioner is to get her promotion a t per with her juniors and applying the same yardstick and parameters. In view of the above, the writ petition is disposed of directing the re spondents to consider the promotion of the petitioner at per with her juniors to be effective from the date when her juniors were so promoted. However, it is ma de clear that apart from notional fixation of pay, the petitioner is not entitle d to any back wages since she did not shoulder the responsibility of the higher post.