B. Sudershan Reddy, C.J.

1. The appellant is the unsuccessful writ petitioner in WP(C) No. 6223/03. This appeal is preferred against the order dated 21.9.2004 passed by the learned Single Judge of this Court in the said writ petition.

2. The appellant herein filed the writ petition challenging the paragraph 5 of the impugned Executive Order of the Governor notified on 3.12.1988. The Executive Order is known as "Assam Geology and Mining (Recruitment and Conditions of Service) Order, 1988". The said order was made regulating the recruitment and conditions of services of the persons appointed to the posts under the Geology and Mining Directorate pending finalization of Assam Geology and Mining Service Rules to be framed under the provision to Article 309 of the Constitution of India.

3. Shorn of all the details, the case of the appellant as is evident from the facts stated in the writ petition is that he was appointed in the post of Chemist in 1970 in the Department of Mines and Minerals of the Government of Assam and thereafter promoted to the post of Senior Chemist in 1975. Having been further promoted as the Deputy Chief Chemist in 1991, he is working in the same post under th