WP(C) 225/2010 BEFORE HON’BLE MR JUSTICE I A ANSARI Heard Mr. M. U. Mahmud, learned counsel for the petitioner, and Mr. B. Gogoi, le arned Government counsel, appearing on behalf of respondent Nos. 1 and 2. Also heard Mr. R. Singh, learned counsel, appearing on behalf of the remaining respon dents. The petitioner was initially appointed as a Grade IV employee, in the ye ar 1992, in the office of the Assistant Executive Engineer, Water Resources Depa rtment, Kokrajhar Water Resources Division, BTC, and, pursuant to the letter, da ted 06.10.2005, issued by the respondent No. 3, namely, Executive Engineer, Wate r Resources Department, BTC, the petitioner’s appointment was regularized alongw ith others with effect from 27.05.2005. The petitioner, later on, applied for p romotion to the post of LD Assistant, which was lying vacant in the establishmen t of the respondent No. 3 herein. As the petitioner’s application, for promotio n to the post of LD Assistant in the said establishment, was not acceded to, the petitioner has filed this writ petition under Article 226 of the Constitution o f India seeking issuance of appropriate direction in this regard. It is, now, submitted, on behalf of the petitioner, that the petitioner has made a representation [Annexure 9 to the writ petition], on 03.06.2009, whic h was forwarded by the office of the respondent No. 6, namely, Additional Chief Engineer, Kokrajhar Zone Water Resources, BTC, to the respondent No. 5, namely, Secretary, Water Resources Department, BTC, by letter, dated 16.06.2009 [Annexur e 10 to the writ petition]. A letter was also issued by the respondent No. 6 h erein to the office of the respondent No. 5 stating therein to the effect, inter alia, that the regular vacant posts of LD Assistant shall be filled up by Grade -IV employees having requisite qualification, length of service, etc., as define d in the Assam Ministerial Establishment Service Rules, 1967, and that this writ petition may, now, be disposed of with direction to the respondents to examine and consider the petitioner’s case in the light of the provisions of Rule 5 (b) of the said Assam Ministerial Establishment Service Rules, 1967. To the submiss ions, so made on behalf of the petitioner, on objection has been raised on behal f of the respondents. In view of the above and in the interest of justice, this writ petition is disposed of with direction to the respondents, particularly, respondent No. 6 , namely, Additional Chief Engineer, Kokrajhar Zone Water Resources, BTC, to exa mine and consider the petitioner’s case in terms of the provisions of Rule 5(b) of the Assam Ministerial Establishment Service Rules, 1967, and do the needful i n accordance with law. The whole exercise, so directed, shall be completed with in a period of two months from the date of receipt of a copy of this order by th e respondent No. 6. The petitioner may also furnish to the respondent No. 6 a c ertified copy of this order alongwith a copy of this writ petition and annexure( s) thereto. If the petitioner feels aggrieved by the decision(s), which the responde nts may take, the petitioner shall remain at liberty to take recourse to such pr ovisions of law as may be permissible.