JUDGEMENT AND ORDER :

1. Heard Mr. U.K. Nair, learned senior counsel, appearing for the writ petitioner. Also heard Mr. P. Nayak, learned Standing counsel, Soil Conservation Department, appearing for respondent Nos.1, 2 and 4, Mr. K.K. Parashar, learned Government Advocate, appearing for respondent No.3 as well as Mr. M. Dutta, learned counsel appearing for respondent No.5.

2. Presently, both the writ petitioner and respondent No.5 are working as Assistant Soil Conservation Officer (ASCO) under the Soil Conservation Department, Government of Assam. There is a Service Order called “Assam Soil Conservation Department (Recruitment and Promotion to the Service) Order, 1988 (for short, “Service Order”). Order 5 of the Service Order provides, amongst others, that 50% percent of the cadre strength of the post of ASCO shall be filled up by promotion in accordance with Order-8 of the Service Order. Order 6(i) of the Service Order visualizes direct recruitment to the cadre of ASCO through the Assam Public Service Commission (APSC).

3. The petitioner was selected in a selection process conducted by the APSC for appointment to the post of ASCO and, on the recommendation of the APSC dated 23.12.20

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