Rumi Kumari Phukan, J.

1. This petition under Article 226 of the Constitution of India has been moved by the petitioner praying for setting aside and quashing the orders No. Hort/E-462/2012 dated 11th October, 2012 issued by the Commissioner (Horticulture), Govt. of Arunachal Pradesh, whereby placing the service of the private respondent No. 4 in the Department of Rural Development and the Order No. CD-275/2012 (E) dated 22nd October, 2012, issued on 05.11.2012 by the Secretary (RD), Govt. of Arunachal Pradesh, granting approval to continue the private respondent No. 4 as Joint Director (Agri & Allied) in the Department of Rural Development without creation of the said post in the Department of Rural Development. The fact of the case, in brief, is that the petitioner is presently working as Deputy Director of Rural Development Department under the Govt. of Arunachal Pradesh and his promotion to the next higher post of Joint Director is governed by the Recruitment Rules framed under Article 309 by the Govt. of Arunachal Pradesh, which is called as 'the Joint Director (RD) Group-A post (Recruitment) Rules, 1995. As per the said Recruitment Rules, the post of Joint Director (