WP(C) 5231/2010 BEFORE HON’BLE MR JUSTICE I. A. ANSARI Heard Mr. S. Shyam, learned counsel for the petitioner, and Mr. B. J. Ghosh, lea rned Govt. Advocate, Assam, appearing for respondent Nos.1 and 2. Also heard Ms. A. Verma, learned counsel for the respondent No.3. The petitioner belongs to 1980 batch of ACS Class-I officers and he is presently holding the rank in the Selection Grade of Assam Civil Service. As a result of merger of Class-I and Class-II services under the Assam Civil Services, litigati ons with regard to not only the Government’s power to merge the two services but also the criteria for promotion and promotional benefits started. In the year 1 993, as many as 10 ACS Class-I Officers belonging to the 1980 batch, which the p resent petitioner too belongs, had approached this Court by filing a writ petiti on, which gave rise to Civil Rule No.1704 of 1993 questioning, inter alia, the p romotion and seniority given to ACS Class-II officers, who were impleaded as pri vate respondents in the said writ petition. During the pendency of the writ peti tion, as many as 7 of the petitioners retired and having examined the entire cas e the Court took the view that the petitioners, who were members of the 1980 bat ch of ACS Class-I, were entitled to notional promotion to Class-I (senior Grade) with effect from the date on which those officers of ACS Class-II, who stood im pleaded as respondent Nos.3 to 24, were promoted making it further clear that th e notional promotion so made shall be the basis for future promotions as well. T he directions so given by the judgment and order, dated 18.01.2000, passed in Ci vil Rule No.1704 of 1993 having attained finality, the Government published a no tification, dated 29.11.2004 (Annexure-6 to the writ petition) granting notional promotion with effect from 1.11.1987 to those who were petitioners in the said Civil Rule, namely, Civil Rule No.1704 of 1993. Subsequent thereto, the Governme nt granted notional promotion to the petitioners of Civil Rule No.1704 of 1993 i nasmuch as the notification, dated 29.11.2004 (Annexure-7 to the writ petition) granted notional promotion to the said petitioners with effect from 19.4.2000 an d in partial modification thereof, the notional promotion was made effective, by subsequent notification, dated 2.12.2004 (Annexure-8 to the writ petition). The re are several such orders passed from time to time by the State Government gran ting notional promotion in terms of the directions, which were given in Civil Ru le No.1704 of 1993. The petitioner is, admittedly, a member of the 1980 batch of the ACS Class-I off icers. Though he was not a petitioner in Civil Rule No.1704 of 1993, there is no rationale cause, which should deny him the benefit of notional promotion, which this Court’s decision given in Civil Rule No.1704 of 1993, gives to a person si milarly situated as the present petitioner. In fact, the relevant materials placed on record by the petitioner shows that ev en the department of Personnel has agreed that the petitioner is entitled to the benefit of notional promotion as has been claimed by him. In the circumstances as depicted above, there is no valid reason for not grantin g the benefit of notional promotion to the petitioner, in terms of the direction s given by this Court in Civil Rule No.1704 of 1993. In the result and for the foregoing reasons, this writ petition succeeds and the respondents are hereby directed to make available to the petitioner notional pr omotion with effect from 01.11.1987 and 19.4.2000 in the rank of ACS (Senior Gra de-II) and ACS (Senior Grade-I), respectively and thereafter consequential promo tion to the ACS Selection Grade at per with his batch mates. The petitioner shal l also be paid the consequential increments of salary and allowances as applicab le under the revised pay structure. The whole exercise so directed shall be comp leted within a period of three months from the date of receipt of a copy of this order by the respondent No.1, namely, the Chief Secretary to the Government of Assam. The petitioner may furnish to the respondent No.1, namely, the Chief Secr etary to the Government of Assam, a certified copy of this order along with a co py of the writ petition and the annexures thereto. The writ petition shall stand disposed of in terms of the above observations and directions. Furnish a copy of this order to the learned Standing Counsel for Finance Departm ent and also to the learned Government Advocate, Assam.