C.R. Sarma, J.

1. The notification dated 16.2.2007 (Annexure-9 to the writ petition) and the notification dated 24.7.2007 (Annexure-6 to the writ petition) are under challenge in this writ petition.

2. By the notification dated 16.2.2007, the Managing Director, Assam Urban Water Supply and Sewerage Board ('the Board'), i.e., the Respondent No. 3 in pursuance to Government order absorbed the services of Sri Naba Kumar Sonowal, Jr. Engineer, Public Health Engineering (PHE) department, the Respondent No. 4 permanently in the Board as Jr. Engineer with effect from the date he applied for permanent absorption, i.e., 18.3.1993. By notification dated 24.7.2007, the Respondent No. 3 subject to approval of the Selection Committee of the Board temporarily promoted Sri Nava Kumar Sonowal aforesaid to the post of Asst. Engineer. In the said notification, it is also stated that he may be reverted back to his original post at any time without giving any notice and without assigning any reason thereof.

3. The Petitioner's case, in a nutshell, may be stated as follows:

The Respondent No. 4 Sri Naba Kumar Sonowal, a Jr. Engineer of the Public Health Engineering (PHE department') joined the Board on 1.4.1990 on deputation basis. On 24.1.1992, under the provisions of Section 22(2) of the Assam Urban Water Supply and Sewerage Act, 1995 ('the Act') the Respondent No. 4, conveyed to his authorities, his willingness to go back to his parent department, i.e., PHE department, Government of Assam. On 30.1.1996, the Petitioner joined the Board as a Jr. Engineer. Though the Respondent No. 4 intimated his option to revert him to his parent department, the Respondent Nos. 2 and 3 failed to issue any order to that effect. The DPC selected ten Jr. Engineers for promotion to the rank of Asst. Engineers and the Petitioner was placed at Sl. No. 7. Out of the select list, five candidates were accommodated against the vacant posts of Asst. Engineers. Being aggrieved one Sri Munindra Deka, a candidate, whose name was at Sl. No. 6, approached this Court by filing a writ petition and subsequently, the Board promoted the said writ Petitioner to the post of Asst. Engineer. In the mean time, on 27.6.2007, the Board issued a notification publishing the seniority list of the Jr. Engineers. In the said seniority list, the name of Respondent No. 4 was shown at Sl. No. 21 whereas the name of the writ Petitioner was shown at Sl. No. 6. In the said notification, it was divulged, for the first time, that the Respondent No. 4, who was on deputation from the PHE department was absorbed in the Board with effect from 16.2.2007. As, in spite of availability of vacancies and the selection by the promotion committee, the Petitioner was not promoted to the post of Asst. Engineer, he submitted a representation to the Respondent No. 3 on 16.7.2007 seeking promotion. But the Respondent No. 3, without giving any due consideration to the said representation, vide notification dated 24.7.2007 issued an order promoting the Respondent No. 4 to the post of Asst. Engineer, who was junior to the Petitioner as per the seniority list aforesaid. Subsequently, the Petitioner came to know that vide notification dated 16.2.2007 aforesaid, the Respondent No. 3 permanently absorbed the Respondent No. 4 in the service of the Board with effect from 18.3.1993. According to the Petitioner, the said absorption of the Respondent No. 4 was arbitrary, unreasonable and prejudicial to the interest of other diploma engineers of the Board. It is stated that though the Respondent No. 4 was asking for reversion to his parent department, he, for the first time, by filing a writ petition being WP(C) No. 22 of 2006 made a claim for absorption in the Board and this Court by order dated 6.1.2006 disposed of the said writ petition directing the Respondents to consider his prayer for absorption and accordingly, the Respondent No. 3 by a speaking order dated 21.4.2006, rejected the prayer of the Respondent No. 4 for abso