ORDER

Date : 29-07-2022 Heard Mr. M. Ahmed, learned counsel for the petitioner and Mr. N. Upadhyay, learned counsel for the respondents No. 1, 2, 3 and 4, being the authorities under the Irrigation Department, Government of Assam. The Office Note of 20.03.2018 shows that the unserved notice on respondent No. 5 has a posted endorsement that he had refused to accept notice. Accordingly, service of notice on respondent No. 5 is accepted and consequently, it has to be accepted that the respondent No. 5 voluntarily had not appeared before the Court. Also heard Mr. N. Haque, learned counsel for the respondent No. 6.

2. The petitioner and respondents No. 5 and 6 were all Grade-IV employees under the establishment of the Mankachar Division (Irrigation), Hatsingimari and all of them had sought for a consideration for promotion to the vacant Grade-III posts pursuant to the provisions of Rule 6(5) of the Assam Ministerial District Establishment Service Rules, 1967. Rule 6(5)(a)

and (b) are extracted as below:

“(5) Junior Assistants. – (a) By direct recruitment on the basis of a competitive examination to be conducted by the Deputy Commissioner at the beginning of each year unless otherwise direct