WP(C) 2923/2005 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA Heard Ms. P. Chakraborty, learned counsel for the petitioner as well as Mr. S.D. Choudhury, learned counsel for the respondent No. 5. I have also heard Mr. S. B ora, learned counsel representing the GMC as well as Mr. J. Sarma, learned State Counsel. The petitioner who is physically handicapped person and stated to have been serv ing under the respondents has filed this writ petition claiming promotion to the post of Sanitary Inspector, which according to him has been given to the respon dent No. 5. As per the affidavit-in-opposition filed by the Guwahati Municipal C orporation (GMC), the petitioner is not an employee of the corporation. In the a ffidavit-in-opposition filed by the respondent No. 2 it has been stated that the petitioner was appointed in the year 1993 by the Government of Assam in the Mun icipal Administrative Department. It is their stand that the petitioner being a physically handicapped person is not able to cover the vast area comprised under Dispur Capital Sanitation Scheme. In their affidavit, it has been denied that t here is any proposal for filling up the post of Sanitary Inspector by promotion. Mr. Choudhury, learned counsel for the respondent No. 5 submits that the post of Sanitary Inspector is proposed to be filled up by direct recruitment as per the proposal made by the Government of Assam in the Urban Development Department. T hus, it appears that the writ petition was filed on apprehension. Neither the re spondent No. 5 has been promoted nor there is any proposal to filling up the pos t of Sanitary Inspector by promotion. As per the revelations made, the post is p roposed to be filled up by direct recruitment. Needless to say that in case of f illing up the post by direct recruitment both the parties, if eligible under the rules can offer their candidature. In view of the above, the writ petition is disposed of. Interim order passed ear lier stands vacated.