S.C. Das, J.

1. By this writ petition, the petitioner challenged the impugned judgment and order dated 30.03.2010, passed by Central Administrative Tribunal, Gauhati Bench, in O.A. No. 38 of 2009, whereby and whereunder the Tribunal dismissed the prayer of the petitioner for promotion to the post of Hindi Officer. The petitioner also challenged letters No. 1.14017/Rec (Adm-IV)/NSR/2008/161 dated 17.12.2008 and No. 1.14017/C/ Rec(Adm-IV)NSR/08/170 dated 30.12.2008(Annexure 9 and Annexure-10 to the writ petition), issued by the respondent No. 2, refusing the prayer of the petitioner for his promotion to the post of Hindi Officer and the petitioner sought the following relief:

In the premises aforesaid, the petitioner prays

(C) A Writ of Mandamus should not issue directing and/or commanding the respondents to grant the legitimate promotion due to the petitioner to the post of Hindi Officer in the Assam Rifles, from his present post of Hindi Translator Grade-I even since it was due since 1992, in terms of the 'Assam Rifles Hindi Officer and Hindi Translator Grade-I, Recruitment Rules, 2002, notified on 08.05.2002 which statutory rules framed under Article 309 of the Constitution of India still hold, the field and has neither been repealed, amended and/or modified till date, and governs the service conditions of the petitioners, with all consequential benefits including arrear pay, seniority in the cadre and other service benefits as admissible under the Rules of 2002 in force;

(D) A Writ of Mandamus should not issue directing and/or commanding the respondents to hold a review D.P.C. for 2003-04 to consider the promotion of the petitioner to the promotional post of Hindi Officer and promote the petitioner with all consequential benefits including back pay, arrears, protection of seniority in the cadre of Hindi Officer.

(E) A Writ of Mandamus should not issue directing and/or commanding the respondents to hold DPC to consider the promotion of the petitioner to the post of Hindi Officer with retrospective effect, if necessary, by preparing year wise panel for the recruitment years 2004-05, 2005-06, 2007-08, 2008-09 and further consider the promotion of the petitioner to the post of senior Hindi Officer, for which the petitioner is otherwise eligible and qualified in terms of the extant Rules of 2002 in force.

The petitioner, inter alia, stated that he joined the Assam Rifles as LNK/Writer on 30.12.1979, and thereafter, was appointed as Hindi Teacher on 01.06.1985. He was promoted to the post of Hindi Translator Grade-II w.e.f. 07.07.1988, and thereafter, promoted to the post of Hindi Translator Grade-I on 29.06.1999. The post of Hindi Translator/Hindi Officer is/was a civilian post in the Assam Rifles, and while working as Hindi Translator Grade-I, he was posted as Hindi Officer on deputation, being selected by U.P.S.C. in terms of the Assam Rifles Hindi Officer and Hindi Translator Grade-I(Group-B) Recruitment Rules, 2002 (hereinafter mentioned as Rules of 2002). Though, he was eligible for promotion to the post of Hindi Officer and the post was lying due to be filled up, but since he was not promoted regularly to the post, he filed O.A. No. 154/03 before the Central Administrative Tribunal (for short, CAT), and by judgment and order dated 31.03.2004, the Tribunal directed the respondents to consider the petitioner for promotion by the next Departmental Promotion Committee (for short, DPC). Subsequently, DPC was held for the year 2003-04 but the Committee did not recommend promotion of the petitioner on the ground that the ACRs for the year 2001-02 fell short of the benchmark and no reason was communicated to the petitioner. Subsequently, the petitioner filed O.A. No. 86/06 before the CAT, seeking direction for holding review DPC to consider his case for promotion to the post of Hindi Officer on the ground that the non-communication of downgrading of the ACRs for the years 2000-01 and 2001-02, which formed the basis for denying t