(Ujjal Bhuyan, J)

1. This appeal is directed against the judgment and order dated 09.06.2005 passed by the learned Single Judge in WP(C) No. 6098/2003 dismissing the writ petition filed by the appellant as the petitioner seeking a direction to the respondents to consider his case for promotion to the post of Executive Engineer in the Electrical Wing of the Public Works Department of the State of Assam. Appellant had based his case by relying upon the provisions of the Assam Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1978 and the Rules framed thereunder (Act and Rules hereafter).

2. Facts of the case may be briefly noticed at the outset.

3. Appellant was appointed as Assistant Engineer (Electrical) in the Public Works Department, Government of Assam on 28.09.1989. He was promoted to the post of Assistant Executive Engineer on 03.07.1997. In the gradation list of officers in the rank of Assistant Executive Engineer as on 07.10.2002, appellant was placed at serial No. 14. At this stage, it may be pointed out that the petitioner is the only officer belonging to the Scheduled Tribe (Plains) appearing in the aforesaid gradation list.