JUDGMENT

CIVIL APPEAL NO. 2527 OF 2007

[Arising out of S.L.P. (Civil) No. 3413 of 2006]

WITH

CIVIL APPEAL NO. 2528-2529 OF 2007

[Arising out of S.L.P. (Civil) No. 12650-12651 of 2006]

S.B. SINHA, J :

1. Leave granted.

2. Interpretation of an Office Memorandum dated 10.10.2002 providing for the mode and manner for considering the suitability of candidates for promotion from one post to the other, falls for consideration in these appeals which arise out of a common judgment and order dated 27.01.2006 passed by a Division Bench of the Gauhati High Court in Writ Appeal No. 5 of 2004 whereby and whereunder the appeal preferred by Respondent No.1

from a judgment and order 29.11.2004 passed by a learned Single Judge of the said High Court in Writ Petition (Civil) No. 44 of 2004, was allowed.

3. A post of Executive Engineer was created on 01.02.2004. For the purpose of filling up the said post, the Departmental Promotion Committee (for short, the DPC) held a meeting on 16.03.2004. The DPC indisputably was, inter alia, to consider the Annual Confidential Reports (for short, ACRs) of the candidates concerned. Both the appellant and the first respondent along with two others were eligible the