24.02.2014 and 10.03.2014, but the said representations was closed with a note that he and 6 others would be given promotional benefit with retrospective effect when the Board will rectify the office order dated 23.09.2013 and accordingly, the claim of the respondent No.5 for promotion to the level of AEES was rejected vide letter dated 20.05.2014 by the Member Secretary, PCB, Assam. The aggrieved respondent No.5 had thereafter filed a writ petition, being W.P.(C) 2385/14 to challenge the said promotional order. However, upon the rejection of his two representations by letter dated 20.05.2014, the said writ petition was withdrawn. Thereafter, a composite challenge was made to challenge the order of promotion of the two petitioners as well as the rejection of the two representations submitted by the said respondent No.5, which was registered as W.P.(C) 2721/2014. The said writ petition was also withdrawn by order dated 02.02.2016. Accordingly, it is submitted that having withdrawn the said writ petition, the order of promotion of both the petitioners had attained finality and, as such, the Chairman of PCB, Assam had no power and authority to pass the impugned order so as to disturb the seniority of the petitioner.
