C.R. Sarma, J.

1. Heard Mr. N. K. Luikham,learned Counsel, appearing for the Petitioner. Also heard Mr. T.B. Jamir, learned CGC, appearing for the Respondent Nos. 1 to 3. None appears for the private-Respondent Nos. 4 and 5.

2. The above, mentioned two writ petitions, filed by the same Petitioner, involve same question of law and facts and the parties are represented by the same set of Advocates.

In view of the above, for the sake of convenience and as agreed to by the learned Counsel, appearing for both the parties, these two writ petitions are taken up for disposal by this common judgment and order.

3. The writ Petitioner, on being selected by the Union Public Service Commission, joined the Border Road Organization, on 31.10.1982, as a Medical Officer Grade-I and he was posted at the Head Quarters, Chief Engineer(P), Sewak (GREF), C/O 99 APO, Dimapur, Nagaland. On the basis of his selection and appointment, he was senior to the private Respondent Nos. 4 and 5. Subsequently, the Petitioner obtained the P.G. Diploma in Public Health and he was deputed for foreign service in 1997 and accordingly he was posted in Bhutan in 19 BRTF as Senior Medical Officer (SMO). According to the Petitioner, during the tenure of his foreign service, he was discharging the duty of Deputy Chief Medical Officer (DCM) and as per the seniority list prepared and published by the Department, in October, 2002, the Petitioner's name was placed at Sl. No. 3 i.e. above the private Respondent Nos. 4 and 5. On 25.10.2002, a meeting of the Departmental Promotion Committee (hereinafter called 'the DPC) was held for consideration of promotion of the Medical Officer Grade-I to the post of Deputy Chief Medical Officer and the said DPC, superseding the Petitioner, promoted the Respondent Nos. 4 and 5. As the Petitioner was not furnished with any reason regarding supersession by his juniors, he had submitted representations, on 12.11.2002, 27.12.2002 and May, 2003. In response to the said representations, the Respondent-authority, by letter, dated 10.03.2003, informed the Petitioner that the DPC did not find the Petitioner fit for promotion to the post of Deputy CMO. As the Petitioner was superseded by his juniors, without any communication regarding the remarks in his AC Rs, the Petitioner being aggrieved has approached this Court by filing writ petition No. W. P. (C) No. 32(K) of 2004, seeking a direction for setting aside the result published by the DPC, held on 25.10.2002, and the communication, dated 10.03.2003 aforesaid.

4. The official Respondents contested the Petitioner's claim by filing affidavit-in-opposition. In the said affidavit-in-opposition, the contesting Respondents, at para-14, contended as follows:

14. That with reference to the statement made in paragraph 13 of the writ petition, the deponent begs to submit that the promotion in BRO is being done on the basis of DOPT guidelines on Department Promotion Committee. As per these instructions the Bench Mark for all posts carrying pay scale of Rs. 12300-16500 and above is "Very Good". Since the Petitioner was lacking Qualitative Requirements, the Departmental Promotion Committee did not find him fit for the higher rank. It is further submitted that there is no provision of communicating the positive grading. As regards the ACP, it is submitted that the Government did not accept the recommendation of 5th Code of Civil Procedure with regard to ACP for Group A Officers.

5. Admittedly, during the pendency of this writ petition, the Respondent-authority promoted the Petitioner to the post of Deputy CMO on the basis of the recommendation, made by the DPC, held on July 2006, without giving any consequential benefits with retrospective effect. Subsequently, during pendency of the said writ petition, the Respondent-authority, vide Notification No. BRDB/04/1 73 1/2007/GE-l, dated 20.02.2008, promoted the Respondent No. 4 to the post of Deputy Chief Medical Officer (Selection Grade). Aggrieved by the said prom