placed his demand for giving him promotion to the post of Driver within a short while. Thereafter, both the petitioners participated in the said test. Previously, the petitioner namely Manoranjan Debnath filed a writ petition before the Gauhati High Court, which had the territorial jurisdiction at that time, being W.P.(C) No.471 of 2011. In that writ petition the Gauhati High Court had by the final order dated 24.11.2011 directed the respondents to consider the said representation of the petitioner dated 08.11.2010. The Director of Health Services in compliance thereof passed an elaborate order on 19.01.2012 disclosing that the name of the said petitioner was recommended to the Transport Department for promotion. Thereafter, in terms of the intimation given by the memorandum dated 27.11.2012, the petitioner had participated in that test and he had successfully come out of the test as it has been revealed by the memorandum dated 10.06.2013 as stated. But the petitioners were not appointed on the basis of the said list as, according to the respondents, the petitioners had failed to secure recommendation from the Transport Department. That is the whole reason why they were not given the promotion. From the list, it appears that the petitioners had successfully completed the test and interview for purpose of promotion under 30% quota from the Group-D employees to the post of Driver. That apart, the respondents have thereafter submitted that the appointment was made on the basis of the merit, not on the basis of the seniority position as reflected in the combined seniority list published before the test was held.
