( 1 ) THE petitioner is serving as an Assistant Accounts Officer in the Kandla Port Trust. Post of Assistant Secretary, Class I, fell vacant in April, 1998, and since at the relevant time, no suitable candidate was available in the feeder cadre, the respondent-Trust kept the said post vacant, at the relevant time. Since it was not possible for the Department to get meritorious candidate, it was decided to amend the Rules. THE Trust thereafter, by its Resolution No. 79, dated 3. 10. 1998 amended the Recruitment Rules in connection with promotion to the post of Assistant Secretary and the Circular regarding the Promotion to the post of Assistant Secretary reads as under :-". . . . . . . . . One post of Assistant Secretary - Class - I in the Scale of Rs. 4350-7500 is required to be filled up by promotion. The recruitment rules for the post have since been revised vide Board Resolution No. 79 of 3. 10. 1998 which are as under :-" Degree of a recognized University or equivalent. Promotion from Office Superintendents with two years service in the grade and Head Clerks with five years service in the grade on the basis of merit in the written test, failing which by promot