Heard Mr. A.K. Bhattacharyya, learned senior counsel assisted by Mr. A. K. Choudhury, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Government Advocate, Assam, representing respondent nos. 1 to 4. None appears for the respondent no. 5.

2. Aggrieved by the non-consideration of his case for promotion to the post of Executive Engineer (C) in the Department of Animal Husbandry and Veterinary, Assam, the writ petitioner has approached this Court seeking notional promotion with retrospective effect from the date his junior i.e. the respondent no. 5 was given promotion along with consequential benefits.

3. The facts of the case giving rise to this writ petition, briefly stated, are as follows. The petitioner was initially appointed as Draftsman in the Department of Animal Husbandry and Veterinary, Assam on temporary basis vide order dated 31/03/1971, pursuant whereto he had joined in the said post. Thereafter, by the order dated 11/01/1977, the petitioner was temporarily appointed as Subordinate Engineer carrying a pay scale of Rs. 325-15-440-EB-16-560-EB-18-650/-. While the petitioner was serving as Subordinate Engineer, he was promoted to the nex