(1.) Heard Mr. N Dutta, the learned senior counsel assisted by Ms. B Bhuyan, for the petitioners and Mr. MR Adhikari, the learned Government Advocate for the respondents.
(2.) There were earlier five writ petitioners who participated but subsequently only three writ petitioners i.e. the petitioner Nos. 1, 4 and 5 have remained as the others have been deleted from amongst the arrayed petitioners.
(3.) Brief facts of the case may be narrated at the outset. All the three writ petitioners who are working as Motor Vehicle Inspectors (MVI) in the Transport Department of the Government of Assam have joined their respective posts on 24.1.1989, 9.3.1990 and 17.11.1992. The next promotional post from the post of MVI is to the post of District Transport Officer (DTO) in terms of the rules framed by the State Government in exercise of its powers conferred by the provisio to Article 309 of the Constitution of India i.e. the Assam Transport Service Rules, 2003 (Service Rules). The Service Rules came into force w.e.f 10.10.2003 i.e. the date of publication in the Assam Gazette.