WP(C) 5338/2005 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Uzir, learned counsel for the petitioner association, Mrs. Phu kan, learned State counsel appearing for the respondent Nos.1 to 3, Mr. Kalita, learned Sr. counsel appearing for the respondent No.5 and Mr. Sharma, learned co unsel appearing for the respondent No.6. None appears for the respondent No.4. The petitioner association by the present petition has prayed for a dire ction to the respondent authorities to create a separate cadre for Fishery Exten sion Officer having degree in Fishery Science in consonance to the directives is sued by the Govt. of India on 21.08.1990 and also for preparation of the separat e gradation list of the Fishery Extension Officer, one for the graduate in Fishe ry Science and the other for the other Science graduate, in view of the discussi on held in the review meeting on development activities of Fishery Development h eld on 05.02.2004 and to promote the members of the petitioner association to th e next promotional post of Sub-Divisional Fishery Development Officer at the rat ion of 50:50 from both the sources. It is the case of the petitioner that though the Government of India, Mi nistry of Agriculture issued a notification dated 21.08.1990 to all the State Go vernments and the Union Territories for giving preference to those candidates ha ving the degree in Fishery Science or post graduate degree from various fishery college or deemed universities while recruiting Fishery Extension Officer and ac cordingly though the Assam Fishery Service (Recruitment and Promotion) Order, 19 89 was amended by the Assam Fishery Service (Recruitment and Promotion)(Amendmen t) Order, 1996 for giving preference to the graduates in Fishery Science for rec ruitment to the post of Fishery Extension Officer and subsequently by the amendm ent order of 2003 amended the minimum requisite qualification for appointing as Fishery Extension Officer as Bachelor of Fishery Science, no separate cadre of F ishery Extension Officer having Bachelor of Fishery Science degree has been crea ted despite the decision taken in the aforesaid review meeting dated 05.02.2004 for preparation of two gradation list. The petitioner, therefore, has filed the present petition claiming the relief as aforesaid. The Director of Fisheries in the affidavit filed more particularly in pa ragraph 9 thereof, has stated that & & &regarding separation of gradation list o Fishery Extension Officer for B.F.Sc. degree holders and non B.F.Sc. degree hol der, clarification has been sought for from the Government, but Government decis ion is still awaited. Hence no concrete steps have been initiated. The Commissi oner and Secretary, Fisheries Department has not filed any affidavit. In the aff idavits filed by the respondent Nos.5 and 6, it has been contended that there is no requirement of creating a separate cadre for the graduate in Fishery Science and also for maintenance of the two separate gradation list, one for Fishery Sc ience graduate degree holders and another for the non-fishery science graduate d egree holders. It has also been contended that the recruitment to the post of Fi shery Extension Officer as well as promotion to the next promotional post of Sub -Divisional Fishery Development Officer is governed by the Assam Fishery Service (Recruitment and Promotion) Order, 1989 as amended till date, which does not st ipulate creation of separate cadre or maintenance of two separate gradation list as well as promotion of Fishery Extension Officer by adhering to any quota, as prayed for by the petitioner. It is not in dispute that the recruitment to the post of Fishery Extensi on Officer and promotion to the next promotional post of Sub-Divisional Fishery Development Officer is governed by the Assam Fishery Service (Recruitment and Pr omotion) Order, 1989, as amended up to date. It also appears from the proceeding of the review meeting dated 05.02.2004 that there was a discussion relating to creation of two separate gradation list, one for graduate in Fishery science and the other for the other science graduates. The Director’s affidavit also makes it clear that no final decision however has been taken by the Government in that regard and the recruitment order has also not been amended till date. It also a ppears that the matter relating to creation of the separate cadre as well as for two separate gradation list, as claimed by the petitioner, aforesaid is still p ending before Government. That being the position, the present petition is disposed of directing t he Commissioner and Secretary to the Govt. of Assam in Fisheries Department to t ake a final decision in the matter of the demand of the petitioner, as aforesaid , within a period of 3(three) months from the date of receipt of the certified c opy of the order passed today to be produced by the petitioner or any of its mem ber. The decision that may be taken shall be communicated to the petitioner as w ell as to the respondent Nos.5 and 6. The petitioner and the respondent Nos.5 an d 6 shall be given the reasonable opportunity of being heard by the Commissioner and Secretary before passing the order. The parties are at liberty to advance t heir arguments before the Commissioner and Secretary. The writ petition is accordingly disposed of. No costs.