(1.) THE matter relates to promotion to the post of Secretary in the Public Works Department, Government of Assam. The challenge made to the promotion of the appellant in the first writ appeal i. e. W. A. 118/2008 having been upheld by the learned Single Judge, these two writ appeals have been preferred, one by the promotee Secretary and the other by the State. Sri Ajay Chandra Bordoloi, the respondent No. 1 in both the writ appeals, filed the writ petition. The promotee Secretary whose promotion has been set aside by the learned Single Judge is Sri Mohan Chandra Boro.
(2.) BASIC RELAVENT FACTS The writ petition being WP (C) No. 3573/2007 was filed by the respondent No. 1 challenging the notification dated 26. 6. 2007, by which the Government of Assam in the Personnel Department promoted the appellant in W. A. No. 118/2008 to the post of Secretary in the Public Works Department (Roads ). Be it stated here that the post of Secretary is a promotional post in the Department from the post of Chief Engineer.
(3.) IN the writ petition it is the case of the petitioner/ respondent No. 1 that the criterion of merit-cum-seniority as envisaged under the relevant rules was not followed while considering the case of the incumbents and that the Selection Committee was also not constituted as per the laid down procedure. It will be apposite to quote the relevant provisions of the recruitment rules i. e. the Assam Engineering (Public Works Department) Service Rules, 1978.