WP(C) 1759/2010 BEFORE HON’BLE MR. JUSTICE B K SHARMA Heard Mr. B Sinha, learned counsel for the petitioner as well as Ms. R. Chakraborty, learned Additional Sr. Government Advocate, Assam. The petitioner aspiring for the post of Deputy Director in allied cadre has filed this writ petition making a grievance against non-inclusion of his nam e for consideration of such promotion. By Annexure-8 letter dated 21.11.2009, th e Government of Assam in the Social Welfare Department directed the Director of Social Welfare, Assam to submit the ACRs for the last 5 years in respect of the Officers named in the letter. The petitioner claims that his case is required to be considered at par with Sri Anil Kr. Barman (Sl. No.6), Smti Bina Bala Phukan (Sl. No.9) and Smti Niroda Deuri (Sl. No.11). Although, as per the provisional gradation list published in the year 2000, the petitioner has been shown to be junior to the aforesaid 3 persons but it is the case of the pet itioner that going by the order of regularisation pursuant to the recommendation made by the APSC for appointment as CDPO, he would rank senior to those officer s and accordingly, he is entitled for promotion to the post of Deputy Director p articularly in view of the fact that he belongs to ST(P) category. The petitioner made time to time representations for redressal of his gr ievance relating to his seniority and consideration of his case for promotion. T he said representations (copies) have been annexed to the writ petition as Annex ure-4 dated 26.6.2001, Annexure-5 dated 28.1.2008 and Annexure-6 dated 8.12.2009 . Further case of the petitioner is that if, the promotion to the post of Deputy Director and allied cadre is affected, pursuant to the Annexure-8 letter dated 21.11.2009 without considering the case of the petitioner, his service carrier w ould be adversely affected. Considering the matter in its entirety and as agreed to by the learned c ounsel for the parties, this writ petition is disposed of directing the Commissi oner & Secretary in the Social Welfare Department to take on record to the afore said representations made by the petitioner and then to deal with the grievance of the petitioner in accordance with the Rules. It is made clear that no opinion has been expressed regarding the merit of the case of the petitioner and the matter is left open to the said Commission er & Secretary to be decided strictly in accordance with the Rules. Let the repr esentations be disposed of as expeditiously as possible but in any case not late r than the consideration of the cases of the incumbents named in the letter date d 21.11.2009. Mr. B Sinha, learned counsel for the petitioner submits that although th e ACRs had been called for but till now Selection Committee has not considered t he cases of promotion to the rank of Deputy Director and allied cadre. The petitioner may obtain a certified copy of this order and produce the same to the Commissioner & Secretary in the Social Welfare Department for his f ollow up action in terms of this order. The petitioner may also enclose a copy o f this writ petition.