JUDGMENT :

Heard Mr. D. K. Das, learned counsel for the petitioner in WP(C)/5005/2016 and Mr. M. K. Choudhury, learned Senior Counsel for the petitioner in WP(C)/5026/2016. Also heard Mr. D. Mazumdar, learned Additional Advocate General Assam.

1. Summary of the litigation:

A. These two writ petitions, WP(C) No. 5026/2016 and WP(C) 5005/2016 are taken up together for disposal. By way of both these writ petitions, a challenge is made to the Office Memorandum dated 03.08.2016.

B. The writ petitioner in WP(C) 5005/2016 challenges the clauses (iii) and (iv) of the said Office Memorandum dated 03.08.2016, whereas the petitioner in WP(C) 5026/2016 challenges the entire Office Memorandum.

C. The basic issues involved in the writ petitions are, firstly, the procedure adopted by the State of Assam in providing reservation in promotion in services and posts for members of the Scheduled Caste and Scheduled Tribes under the offending OM and Secondly, the claim of consequential seniority along with right of promotion allegedly violated by insertion of clause (iv) in the O.M. The further issue is the alleged non-compliance of the dictum of the Hon’ble Apex Court pronounced in M.Nagraj Vs Union of Indi