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 23.12.2009, she was placed at Serial No.1 in order of preference. By a notification dated 17.05.2010, issued by the Commissioner and Secretary to the Government of Assam, Soil Conservation Department, the petitioner was appointed to the post of ASCO and she joined her service on 18.05.2010. On 30.10.2013, five Draft Gradation Lists for the years 2008, 2009, 2010, 2011 and 2012 were published. In the said Draft Gradation Lists for the years 2010, 2011 and 2012, the name of the petitioner figured at Serial No.13 and the name of the respondent No.5 figured at Serial Nos.18, 18 and 25, respectively. On 30.06.2015, the Draft Gradation Lists in respect of ASCOs for the years 2008, 2009, 2010, 2011 and 2012 were finalized after hearing objections and, in the said final Gradation List, while the name of the respondent No.5 figured at Serial No.3, the petitioner was pushed down and relegated to Serial No.14.

4. The respondent No.5, along with three others, were initially appointed as ASCO, temporarily and until further order, by an order dated 08.02.1996, issued by the Deputy Secretary to the Government of Assam, Soil Conservation Department, under Regulation 3(f) of Assam Public Service Commission (Limitation of Function) Regulations, 1951 (for short, “1951 Regulations”), subject to satisfactory police verification report and subject to discharge without notice and without assigning any reason thereof. It appears from the order dated 07.04.2003 (Annexure-B to the Affidavit-in-opposition of the respondent No.5), issued by the Secretary to the Government of Assam, Soil Conservation Department, that the appointment of respondent No.5 to the said post of ASCO had been kept in abeyance by the Government vide Notification No.Soil.27/91/pt.III/315 dated 20.02.1996, until further order. Against the order dated 20.02.1996, the respondent No.5 had approached this Court by filing a writ petition, which was registered as Civil Rule No.2236/1996 and the said writ petition was disposed of by an order dated 29.04.1998. By the said notification dated 07.04.2003, respondent No.5 was allowed to report for duties as ASCO under the Lakhimpur Soil Conservation Division with effect from the date of his taking over charge and until further orders. In the notification dated 07.04.2003, it was indicated that this Court, by the aforesaid order dated 29.04.1998, passed in Civil Rule No.2236/1996, had “advised” the Government to allow continuance of the respondent No.5 in service and, therefore, he was allowed to report for duties by attaching him to the Office of the Divisional Officer, Lakhimpur Soil Conservation Division. It appears that respondent No.5 had joined on 09.04.2003.

5. Respondent No.5 had responded to an advertisement issued by the Department of Soil Conservation Department for f

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