11. Per contra , Shri D Saikia, learned Advocate General, Assam representing the official respondents submits that the entire basis of filing the writ petition is fallacious. It is submitted that the mainstay of the writ petition is the communication dated 20.05.1986 issued by the Government of India. The said communication is neither a statute nor any regulation and does not possess any statutory colour. On the other hand, it is the State Government which is empowered under the law to enact such Regulation / Recruitment Rules by following the guidelines of the Ministry with suitable modification(s). Further, amongst the decisions conveyed vide the communication dated 20.05.1986, there is a decision that CDPOs and Supervisors of ICDS Projects will continue to be employees of the respective States / Union Territories. By referring to the Service Orders of 1994 published by the State Government, the learned Advocate General has submitted that while in the mode of recruitment to the post of CDPO, direct recruitment has been made the sole mode as per Clause 5 (c), in the annexure, it has, however, been laid down that 40% would be by promotion from the cadre of ACDPO / Assistant Superintendent of Home & Allied Cadre, who have rendered 8 years continuous service, 60% was to be by direct recruitment. The learned Advocate General therefore, submits that though there was no mandatory requirement to follow the guidelines containing the letter dated 20.05.1986 verbatim, the essence of the guidelines appears to have been taken into consideration while framing the aforesaid Service Orders of 1994. The said Orders had undergone the amendment which is published vide notification dated 30.09.2013. By drawing the attention of this Court to the said notification, Shri Saikia has submitted that the promotional mode of entering into the services of CDPO was introduced in the substantive portion of the order, namely, Clause 5. While 60% stipulated to be filled up by direct recruitment through APSC, 40% was to be filled up by promotion from various posts of equivalent cadre and the post of Supervisor has also been introduced as a feeder cadre. The said 40% has been further divided for various posts in the feeder cadre and 34% has been allotted to ACDPOs / Supervisors.
