JUDGMENT AND ORDER :

1. Heard Mr. M. U. Mahmud, learned counsel for the petitioner. Also heard Mr. R. K. D. Choudhury, learned Government Advocate, Assam, appearing for respondent Nos.1, 2 and 3 as well as Mr. D. Das, learned senior counsel assisted by Mr. H. Nath, learned counsel, appearing on behalf of respondent No.5.

2. The order dated 29.11.2013 by means of which the respondent No.5 was temporarily promoted as Additional Secretary (Non-Technical and Non-Gazetted) in the Electrical Licensing Board, Assam, is under challenge in the present writ petition.

3. The brief factual matrix giving rise to the present writ petition made be noticed as follows :

The petitioner was initially appointed as a Typist under the respondent No.3 vide order dated 31.12.1981 pursuant whereto he had joined in the said post. Thereafter, the petitioner was promoted to the post of Senior Assistant (formerly known as UDA) on 06.02.2012 under the same establishment. The next higher post in the establishment is that of the Additional Secretary. Although there is no service rule framed by the department, yet, as per the prevailing practice, the post of Additional Secretary (Non Technical) is usually filled up by

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