Ujjal Bhuyan, J.

Heard Mr. S.C. Biswas, learned counsel for the petitioner and Mr. P.N. Goswami, learned Standing Counsel, Excise Department.

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks the following reliefs:

(1) To declare that ministerial staff in the office of the Joint Commissioner of Excise, Assam, are part of ministerial staff under the Head of the Department, i.e., Commissioner of Excise, Assam;

(2) To direct the respondents to prepare a common cadre-wise gradation list of all the ministerial staff under the establishment of Commissioner of Excise, Assam;

(3) To direct the respondents to provide consequential service benefits to the ministerial staff serving in the office of the Joint Commissioner of Excise, Assam, following preparation of common gradation list;

(4) To direct the respondents to promote the petitioner to the post of Superintendent effective from the date on which his juniors were promoted.

3. Case of the petitioner is that he studied up to B.Com Part-I having proficiency in typing. Following a due selection process, he was appointed as LDA-cum-Typist by order, dated 01.02.1978 issued by the Chemical Examiner of Excise, Assam. Petitioner continued as LDA-cum-Typist thereafter. In the course of his service, an order, dated 30.07.1988, was passed by the Commissioner of Excise, Assam, whereby service of the petitioner was placed at the disposal of the Deputy Commissioner of Excise, Assam. By the said order, services of one Shri Rohini Kanta Rajbangshi, LDA-cum-Typist in the office of the Deputy Commissioner of Excise, Assam, was placed temporarily at the disposal of Chemical Examiner (Excise), Assam.

4. Thereafter, it appears that the service of the petitioner was utilised in the office of the Joint Commissioner of Excise, Assam, who was attached to the office of the Commissioner of Excise, Assam. This was done vide order, dated 19.02.1995. By the said order, service of one Shri Khagendra Nath Bhuyan, LDA in the office of the Commissioner of Excise, Assam, was placed at the disposal of the Joint Commissioner of Excise, Assam.

5. Thereafter, vide order, dated 06.03.1997, issued by the Commissioner of Excise, Assam, service of the petitioner was placed in the office of Commissioner of Excise, Assam. However, by a subsequent order, dated 25.06.1997, attachment of the petitioner in the office of the Commissioner of Excise was withdrawn by the Commissioner of Excise.

6. By order, dated 30.03.2005, issued by the Joint Commissioner of Excise, Assam, petitioner was granted third stagnation increment with effect from 01.02.2005.

7. Thereafter, by order, dated 25.03.2008, issued by the Commissioner of Excise, Assam, petitioner and one Smt. Babita Lahan were promoted to the post of UDA against the existing vacancies in the office of the Joint Commissioner of Excise.

8. Petitioner submitted representation before the Commissioner of Excise, Assam, with the grievance that during his entire service career, he had the benefit of only one promotion and that persons junior to him had received prior promotion enabling them to receive promotion to still higher post.

9. In the meanwhile, vide notice, dated 13.08.2007, issued by Secretary to the Govt. of Assam, Excise Department, one Smt. Suchitra Brahma (respondent No.5) was promoted to the post of Superintendent in exercise of powers conferred under Rule 8 of the Assam Directorate Establishment (Ministerial) Service Rules, 1973.

10. According to the petitioner, said Smt. Suchitra Brahma served as an UDA in the office of the Commissioner of Excise and was junior to the petitioner in so far length of service is concerned.

11. Petitioner and others had submitted a representation, dated 23.09.2009, addressed to the Secretary to the Government of Assam, Excise Department, requesting that staff in the office of the Joint Commissioner of Excise, Assam, should be allowed equivalent pay-scale as drawn by the staff in the office of the Commissio