This application under Article 226 of the Constitution of India has been filed with the following prayers : (i) Not to give effect to the impugned notifications dated 22.9.84, 12.4.88 and 4.5.88 (Annexures XIII, XV and XVI) (ii) To promote the petitioner to the post of Deputy General Manager of the Corporation with effect from 22.9.84. 2. Annexure XIII is the notification dated 22.9.84 issued by the General Manager, ASTC Guwahati to the following effect : "The post of Special Officer(Operation), ASTC, City Service having been upgraded to the post of Deputy General Manager (City Service), Shri A. Borgohain, DS, Guwahati and Special Officer, City Service, is promoted temporarily to officiate as the Deputy General Manager, City Service ASTC, Guwahati with immediate effect in the scale of Rs. 1,500/-to 2,175/- PM plus other allowances as admissible under rules.'' 3. Annexure XV is the notification dated 12th April, 1988 and it reads as follows : ''Shri HK Dutta, DS, ASTC, Jorhat is promoted temporarily to officiate as Deputy General Manager in the scale of pay of Rs.1,500/- to 2,175/-PM plus other allowances as admissible under rules and posted at Head Office, ASTC, Guwahati." 4. Annexure XVI is the notification dated 4th May, 1988 and it reads as follows : "Sri GR Saikia, DS, ASTC, Guwahati is promoted temporarily to officiate as DGM (V) in the scale of pay of Rs. 1,500/- to 2,175/- PM plus other allowances as admissible under rubs and posted AO, ASTC, Guwahati with effect from the date of joining. Besides looking after vigilance, he will also look after the matters relating to display advertisement." 5. Shri A Borgohain is respondent No. 3, Shri HD Dutta is respondent No. 4 and Shri GR Saikia is respondent No. 5. It is stated that the respondent No. 5 is not a member of the Scheduled Caste and he stated to be junior to the petitioner on the ground that he did not belong to the Scheduled Caste community for whom third post is reserved. The petitioner states that the promotion and posting of the respondent Nos. 3, 4 and 5 under the impugned notifications are illegal, void and ultra vires and the same are liable to be struck down. 6. The brief facts are as follows : That the petitioner belongs to the Scheduled Caste Community and he joined in service in 1970 as Assistant Station Superintendent. 3, 4 and 5 under the impugned notifications are illegal, void and ultra vires and the same are liable to be struck down. 6. The brief facts are as follows : That the petitioner belongs to the Scheduled Caste Community and he joined in service in 1970 as Assistant Station Superintendent. The Corporation was established under section 3 of the Road Transport Corporation Act, 1950 with Head Quarter at Guwabati. That the posts of Divisional Superintendent and Special Officer, all are promotional posts from the Station Superintendent. The Scheduled Caste and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1978 was published and Rules were framed. Section 5 of the Act reads as follows : "Reservation for members of Scheduled Castes and Scheduled Tribes in vacancies to be filled up by promotion in any establishment shall be regulated in the following manner, namely : (a) There shall be reservation at seven percent for members of the Scheduled Castes and ten percent for the members of Scheduled Tribes (Plains) and five per cent for be members of the Scheduled Tribes (Hills): Provided that the State Government may from time to time review the implementation of the reservation policy and take adequate measures including increase of percentage, mentioned in clause 5 (a) of this Bill. (b) a separate twenty point roster in the form given in the Schedule shall be maintained by every establishment. THE SCHEDULE (See Section 4) The reservation for the members of the Scheduled Castes and the Scheduled Tribes in services or posts in an establishment shall be given effect to in the following manner, namely, (i) A roster of twenty vacancies will be necessary to give effect to the reservation of vacancies for Scheduled Castes and the Scheduled Tribes. The roster given below shall be adopted for the purpose of each establishment. 1st Vacancy - Scheduled Tribes (Plains) 2nd do - unreserved. 3rd do - Scheduled Castes 4th do - Unreserved. 5th do - Unreserved. 6th do - do 7th do - do 8th do - do 9th do - do 10th do - do 11th Vacancy - Scheduled Tribes (Plains). 12th do - Scheduled Castes. 1st Vacancy - Scheduled Tribes (Plains) 2nd do - unreserved. 3rd do - Scheduled Castes 4th do - Unreserved. 5th do - Unreserved. 6th do - do 7th do - do 8th do - do 9th do - do 10th do - do 11th Vacancy - Scheduled Tribes (Plains). 12th do - Scheduled Castes. 13th do - Unreserved 14th do - do 15th do - do 16th do - do 17th do - do 18th do - do 19th do - do 20th do - do Reservation points- Scheduled Tribes (Plains) 1, 11 Scheduled Castes 3,12 Scheduleb Tribes Hills) 7 "Rule 1-......... 2. Definitions-(8) in these Rules, unless there is anything repu­gnant in the subject or context: ........... (c) Candidates belonging to Scheduled Castes and Scheduled Tribes" means the candidates produced in their favour certificates to that effect issued by the authorities as mentioned in Rule J : Provided that in case of promotion the term would mean the candidates belonging to Scheduled Castes and Scheduled Tribes who apart from possessing the requisite certificate shall also fall within the zone of promotion and whose names appear in the list of candidates submitted by the Department concerned in accordance with the relevant service rules or instructions of the State Government issued from time to time. Promotion by Selection-While filling up vacancies by promotion the following procedure shall be followed : 1. The appointing authority while making a request to the Selection Committee/Board for recommending candidate for promotion, shall communicate to the Selection Committee/Board the details about the reservation for the Scheduled Castes and Scheduled Tribes (Hills) and Scheduled Tribes (Plains) and shall also furnish the details about such number of candidates as are to be furnished in accordance with the provisions of the respective service rules. In case, however, where there is no service rules for the service in which the promotion is to be made, the appointing authority will furnish the details about the candidates equal to tour times the number of vacancies. 2. The Selection Committee/Board will consider the suitability of all the candidates the details of whom are furnish by the appointing authority and recommend a list of candidates found suitable for promotion in order of preference, which shall be the determining factor about the inter se seniority of the candidates after promotion. 3. 2. The Selection Committee/Board will consider the suitability of all the candidates the details of whom are furnish by the appointing authority and recommend a list of candidates found suitable for promotion in order of preference, which shall be the determining factor about the inter se seniority of the candidates after promotion. 3. In addition to the list mentioned in sub-rule (2) above, the Selection Committee shall furnish separate list of candidates belonging to Scheduled Castes, Scheduled Tribes (Hills), Scheduled Tribes (Plains) and others, in order of preference for appointment against the vacancies shown as reserved for Scheduled Castes and Scheduled Tribes (Hills) and Scheduled Tribes (Plains) and against the unreserved vacancies. 4. The appointing authority shall consider the list in accordance with the provisions of the prospective service rules and shall also consult of Assam Public Service Commission where such consultation is necessary, and shall finally approve the list. 5. The appointing authority shall thereafter make promotion in accordance with the roster provided in clause (i) of the Schedule to the Act in order of preference indicated in the lists. 6. In case of non availability of adequate number of candidates belonging to Scheduled Castes and Scheduled Tribes (Hills) and Sche­duled Tribes (Plains) in the list mentioned in sub-rule (2) and (3) of this rule and if it is considered that the vacancies reserved for these categories of candidates cannot be left vacant in the interest of public service, the appointing authority with prior concurrent of the Department for the Welfare Plains Tribes and Backward Classes shall issue orders dereserving the vacancies giving one explanation for the dereservation, and shall thereafter fill up the dereserved vacancies by promoting officers from the list furnished by the Selection Committee/Board and approved by the Assam Public Service Commission/appointing authority in order 01 preference. The vacancy so dereserved -shall be carried forward till the vacancy is filled up by a candidate in whose favour the reservation stood m the rosier. 7. If any post falls vacant due to retirement or resignation or death or any other cause, of Scheduled Castes, Scheduled Tribes (Hills), Scheduled Tribes (Plains) person who was promoted under the above clauses of Rules 5, it shall be filled up only by the candidates belonging to the Scheduled Castes, Scheduled Tribes (Hills), Scheduled Tribes (Plains) as the case may be." 7. It is stated that the petitioner was not called for interview though he was eligible to be considered for selection and the petitioner submitted his representations from time to time. The petitioner filed an application under Article 226 of the Constitution before this Court being Civil Rule No. 200 of 1984 which was disposed of by this Court by judgment dated 2i.ll.87 which is Annexure VII to the writ application. The direction given in that Civil Rule was as follows : "As from the stand taken by the Corporation, it does not appear if the case of the petitioner was considered in 1982 for promotion to the post of Divisional Superintendent, we direct the Corporation to do so within a period of one month from today. As the case of the petitioner is to be considered for a promotional post, his suitability for the post has to be adjudged. The appropriate body of the Corporation shall do so. In case this body were to find the petitioner suitable for the post, he would be promoted with retrospective effect from 30.6.82 on which date the third post of Divisional Superintendent was filled up by selecting a person from unreserved category. In case the selection body were to find the petitioner unsuitable for the post of Divisional Superintendent, reasons for the same would be duly recorded. We make it clear that the petitioner would not be denied the promotion unless he were to be found unsuitable for the post. " 8. Thereafter, the petitioner was promoted and vide Annexure X it was stated as follows : "In continuation of this office Notification dated 16.2.88, Shri LK Baishya, is promoted to the post of DS with retrospective effect from 30.6.82 afternoon in pursuance of the order of the Hon'ble Guwahati High Court dated 25.11.87 in Civil Rule No. 200 of 1984." 9. It is contended that as the petitioner was promoted from 30.6.82, the petitioner becomes automatically senior to Shri GR Saikia respondent No. 5 who was promoted to the Divisional Superintendent only on 31.3.83. It is also contended that as the petitioner became Divisional Superintendent from 30.6.82, he became entitled to be promoted to the next higher grade of Deputy General Manager with effect from 22.9.84, the date on which the third vacancy occurred and that post is to be reserved for a Scheduled Castes candidate. Hence, this writ application. 10. It is also contended that as the petitioner became Divisional Superintendent from 30.6.82, he became entitled to be promoted to the next higher grade of Deputy General Manager with effect from 22.9.84, the date on which the third vacancy occurred and that post is to be reserved for a Scheduled Castes candidate. Hence, this writ application. 10. Subsequently, an amended application was filed on 18.6,92 by which it is prayed to quash the notification dated 29.6. by which the respondent No. 2 redesignated to the post of respondent No. 3 Shri A Borgohain from Senior Deputy General Manager to Additional General Manager. That notifi­cation reads as follows : "The post of Senior Deputy General Manager, ASTC presently held by Shri A.Borgohain has been redesignated as Additional General Manager in the same scale of pay with effect from the date of joining." 11. By order dated 6.4.89, this Court passed the following order : "Learned counsel Mr. PC Deka undertakes to produce the records at the time of hearing but no record was produced by Shri Deka at the time of hearing." 12. An affidavit-in-opposition has been filed on behalf of the respondent Nos. 1 and 2. In the affidavit-in-opposition it is stated as follows : (i) That the petitioner could not be considered for promotion as he did not have the requisite number of years of service and experience to hold the post. (ii) The post of the Depot Manager cannot be said to be born in the cadre of Station Superintendent as the said post carries higher responsi­bilities than that of the Station Superintendent and he also gets the special pay over and above the time scale. (iii) The post of Special Officer to which the respondent No.5 was appointed being a single post, question of reservation of the said post and/or filling up the said vacancies as per the provisions of the Act and Rules does not arise. It is further stated that Shri GR Saikia belongs to the Scheduled Tribe (Plains). (iv) It is further stated that there were only two posts in the regular cadre of Deputy General Manager at the time when the aforesaid reservation Act and Rules came into force. Shri KR Nath appointed as Deputy General Manager in the first vacancy by order dated 30.6.82 as at that time there was no qualified person belonging to Scheduled Tribes (Plain) and Govt. Shri KR Nath appointed as Deputy General Manager in the first vacancy by order dated 30.6.82 as at that time there was no qualified person belonging to Scheduled Tribes (Plain) and Govt. was informed to dereserve the said vacancy. (v) The post which was upgraded that is the Special Officer Vigilence Cell and Special Officer, City Service to the rank of Deputy General Manager should be deemed as single post in those departments. (vi) There was also a lot of criticism in the administration that the respondent No. 1 is top heavy and accordingly the decision was taken to confine the cadre of Deputy General Manager to three posts only. Subsequently, a single post of Senior Deputy General Manager was created by up gradation of post of Deputy General Manager and the present number of posts in the cadre of Deputy General Manager is only two. (vii) The promotion of Shri GR Saikia cannot be challenged on the ground of violation of the provisions of the Act and the Rules as because he is Scheduled Tribes (Plains). The first vacancy as per the roster should have gone to him. But he not being qualified at that time he was appointed in the vacancy as soon as he became qualified. (viii) The post to which the petitioners seeks promotion is also not the 3rd vacancy. (ix) That the petitioner after his promotion as Divisional Superinte­ndent did not work as Divisional Superintendent but was on leave. The petitioner was on leave from 14.2.88 to 2.6.88. Although he joined his duty on 3.6.88 he worked only for two days on 3rd and 4th of June, 1988. After filing of the writ application he was also on leave for another 110 days with effect from 3.11.88 to 20.2.89. (x) The Appointment Committee did not recommend promotion of the petitioner as Deputy General Manager as he did not possess any administrative experience as Divisional Superintendent as per norms of the Corporation. 13. Annexure E to the Affidavit-in-opposition is the extract of the minutes of the 9th meeting of the Board of Directors of Assam State Trans­port Corporation held on 5.4.88. Approval of the minutes of the Appointment Committee held on 21.1.88. 29.2.88 and 15.3.88. The penultimate para reads as follows : "The outcome of the Appointment Committee meeting held on 15.3.88 was also discussed in the Board. Approval of the minutes of the Appointment Committee held on 21.1.88. 29.2.88 and 15.3.88. The penultimate para reads as follows : "The outcome of the Appointment Committee meeting held on 15.3.88 was also discussed in the Board. The Board approved the decision of the Appointment Committee in not recommending Shri LK Baishya for promotion to the responsible and senior post of DGM though he belonged to SC community, for not having any administrative experience as DS and for not fulfilling the existing recruitment and promotional norms of ASTC. The Board, therefore, approved the recommendation for dereservation of the post." (xi) The present strength of cadre of Deputy General Manager is only two and the appointment of Shri HD Dutta is on the second vacancy in the roster and the 3rd vacancy has been filled up by Shri GR Saikia and the said vacancy is carried over vacancy, he being the Scheduled Tribes (Plains). (xii) All these promotions ate temporary officiating promotion for the exigency of service and the right of the petitioner has not been infrin­ged by any of these promotions on officiating basis. 14. The law is settled that appointment to a post on an officiating basis is from the nature of employment itself of a transitory character and in the absence of any contract or specified rule regulating the conditions of service to the contrary, the implied term of such an appointment is that it is terminable at any time. The Govt. servant so appointed acquires no right to the post. It is also settled law that if a particular post is not borne in the cadre, it cannot automotically be within the cadre and the cadres of strength can be increased by the authority only by necessary notification and by apply­ing its mind and following the rules. 15. In the instant case, as will be seen from the notification, the officers were promoted on officiating basis and temporarily. As indicated earlier appo­intment to a post on an officiating basis from the nature of employment itself is transitory character and in the absence of the service rule to the contrary, (be implied term of such an appointment is that it is terminable at any time. The Govt. servant so appointed acquires no right to the post. The arrangement for officiating appointment has to be made by the authority for various reasons. The Govt. servant so appointed acquires no right to the post. The arrangement for officiating appointment has to be made by the authority for various reasons. The right of the petitioner by such officiating appointment has not been infringed. No doubt if the officiating appointment is made with the purpose of perpetuating it and to show undue favour to the persons to cause loss to the petitioner, the case will be different. 16. In AIR 1976 SC 490 (State of Kerala vs. NM Thomas) the Supreme Court pointed out as follows : "The principle of equality is applicable to employment at all stages and in all respects, namely, initial recruitment, promotion, retirement, payment of pension and gratuity. With regard to promotion the normal principles are either merit-cum-seniority or seniority-cum-merit. Seniority-cum- merit means that given the minimum necessary merit requisite for efficiency of administration, the senior though the less meritorious shall have priority. This will not violate Articles 14, 16 (1) and 16 (2). A rule which provides that given the necessary requisites merit, a member of the backward class shall get priority to ensure adequate representation will not similarly violate Article 14 or Article 16 (1) and (2). The relevant touchstone of validity is to find out whether the rule of preference secures adequate representation for the unrepresented backward commu­nity or goes beyond it." Supreme Court further pointed out as follows : "If members of Scheduled Castes and Tribes, who are said by this Court to be backward classes, can maintain minimum necessary requirement of administrative efficiency, not only representation but also preference may be given to them to enforce equality and to eliminate inequality. Articles 15(4) and 16 (4) bring out the position of backward classes to merit equality. Special provisions are made for the advancement of backward classes and reservations of appointments and posts for them to secure adequate representation...... The basic concept of equality is equality of opportunity for appointment. Preferential treatment for member of backward classes with due regard to administrative efficiency alone can mean equality of opportunity for all citizens. Equality under Article 16 could not have a different content from equality under Articlel4.Equality of opportunity for un equals can only mean aggravation of inequality. Equality of opportunity admits discrimination with reason and prohibits discrimination without reason. Discrimination with reasons means rational classification for differential treatment having nexus to the constitutional permissible object. Equality under Article 16 could not have a different content from equality under Articlel4.Equality of opportunity for un equals can only mean aggravation of inequality. Equality of opportunity admits discrimination with reason and prohibits discrimination without reason. Discrimination with reasons means rational classification for differential treatment having nexus to the constitutional permissible object. Preferential representation for the backward classes in services with due regard to administrative efficiency is permissible object and backward classes are a rational classification recognized by our Constitution. Therefore, differential treatment in standards of selection are within the concept of equality." 17. This being the settled position of law, there is no doubt that tb.5 petitioner deserves consideration, he being a member of the Scheduled Castes community, the question is that whether in this case he has been deprived of his right as provided under the Scheduled Castes and Scheduled Tribes (Resevation of Vacancies in Services and Posts) Act,1978 and the Rules made therein. The case of the petitioner was considered by the authority and the authority found that the petitioner cannot be promoted as his promotion will not maintain the minimum administrative efficiency required for the service. Further, as indicated above all these promotions are on officiating basis as and when regularisation of post will come, the case of the petitioner may be considered again and if it is found that in the meantime, he acquires the administrative experience and fulfills the existing recruitment and the promotional norms of ASTC, his case shall be considered giving weightage to his claim under the Act of 1978. 18. Before I part with the record, I direct that the ASTC shall take up the case of the promotion of the petitioner as and when the officiating promo­tion of respondent No. 3, 4 and 5 are taken up for regularisation. It is also needless to say that by promoting some officers on officiating basis the same cannot be perpetuated for all time to come. The ASTC being a public body is duty bound to regularise the promotion of respondent Nos. 3, 4 and 5 as provided by the rules and at the time of regulaiisation, the case of the petitioner shall also be considered alongwith these three persons. This disposes of the writ application.