Writ Appeal No. 181 of 1993 and Writ Appeal No. 264 of 1993 arising out of the judgment and order dated 8.9.1993 passed in Civil Rule No. 655 of 1993 are proposed to be disposed of by this common judgment.

2. Dr. Sanjib Kakati, the writ petitioner prayed for issue of a writ of Mandamus calling upon the respondents to finalise the gradation list and not to fill up the vacant posts of Assistant Professor in the Department of Medicine in three Medical Colleges in the State of Assam before finalisation of the gradation list

3. The learned Single Judge by the impugned judgment and order issued the following directions:

'(i) The petitioner will be deemed to be a member of the service in the Department of Medicine of the Medical Colleges, Guwahati and he will be entitled to all the service benefits as are available to the other Registrars of Medicine and Resident Physicians. The petitioner would not be discriminated on the ground that he was originally appointed as Registrar of Medicine (Tropical and Infectious Disease).

(ii) As on today I find that the Tropical and Infectious Disease is a part and parcel of the Department of Medicine and the petitioner is entitled to be treated