WP(C) 434/2011 BEFORE HON’BLE MR. JUSTICE IA ANSARI Heard Mr. DK Sarmah, learned counsel for the petitioners, and Mr. BJ Gho sh, learned Government Advocate, for the respondents. The petitioners’ grievance, in substance, is that the petitioners are in regular post as Khalashi under the Department of Public Health Engineering, Gov ernment of Assam, and though, as a Grade-IV employee, there ought to have been p romotional avenues available for them to the posts of Sectional Assistant, the E xecutive Engineer, Public Health Engineering Department, Tezpur Division No. 1, Tezpur, has published an advertisement, on 05-01-2011, for filling up 5 posts of Sectional Assitant, fixing the date of interview on 02-02-2011. The interview, which was to be held, on 02-02-2011, has not yet taken place. While considering the present writ petitions, it needs to be borne in mind that there is no recruitment rule or specific administrative instructions describing the manner in which the post of Sectional Assistant, in the Department of Public Health Engineering, shall be filled up. In absence of any recruitment rule, adm inistrative order or executive instructions for filling up the said posts by way of promotion, the posts would be treated to be posts to be filled up by direct recruitment. On this principle, the post of Sectional Officer, unless otherwise decided by the Government to be a post meant for being filled up by promotion, t he Sectional Assistant would, ordinarily, be a post to be filled up by direct re cruitment. Considering, however, the fact that the petitioners claim that they have been wo rking as regular Khalashi, and, ordinarily, there should be, at least, one provi sion for their promotion, it is necessary, in the facts and attending circumstan ces of the present case, for the respondents Department to take a decision in th e matter as to whether the holders of the posts of Khalashi, who are regular, sh all be provided with an opportunity to be promoted to the post of Sectional Assi stant apart from, if necessary, continuing filling up the posts of Sectional Ass istant by way of direct recruitment. It is really for the State respondents to d ecide as to whether they would make the post of Sectional Assistant a post to be filled up wholly by direct recruitment or wholly by promotion or by way of dire ct recruitment as well as promotion and in case the combination of the two is re quired to be introduced, then, the percentage of posts, to be filled up by direc t recruitment and also by way of promotion have to be laid down. Situated thus, and in the interest of justice, these writ petitions are disposed of with direction to the respondents to examine the grievance of the pe titioners in the light of the observations, which have been made above, and, the n, take a decision as to whether posts of Sectional Assistant, in the Public Hea lth Engineering Department, Government of Assam, shall be filled up. Upon taking decision in accordance with law, in this regard, the State respondents shall ta ke further steps. The whole exercise, so directed, shall be completed within a period of three mon ths from the date of receipt of a copy of this order by the respondent No. 1, na mely, Commissioner & Secretary to the Government of Assam, Department of Public Health Engineering Department, Dispur, Guwahati. The petitioners may furnish to the respondent No. 1, namely, Commissioner & Secretary to the Government of Assa m, Department of Public Health Engineering Department, Dispur, Guwahati, a certi fied copy of this order along with copy of the writ petition and annexure theret o. Whatever decision is taken by the respondent/authorities concerned, the same shall be communicated, in writing, to the petitioners and if the petitioners fee l aggrieved by the decision(s), which may be reached by the respondents, the pet itioners shall remain at liberty to take recourse to appropriate provisions of l aw. Until the time the decision is taken by the respondents, as directed hereinbefor e, the process of selection, which was initiated by the impugned advertisement, dated 05-01-2011, shall not be finalized. With the above observations and directions, this writ petition shall stand dispo sed of. Before parting with these writ petitions, it is made clear that though the State respondents have contended that the petitioners are not holders of regular post s, the petitioners contend that the posts, which they are holding are not supera nnuary posts. This aspect of the matter would be taken into consideration if the State respondents decide to fill up, either wholly or in part, the posts of Sec tional Assistant, by way of promotion. Furnish a copy of this order to the learned counsel for the respondents.