JUDGMENT Mutum B.K. Singh, J. 1. The Petitioner is mainly aggrieved by the letter dated 29-1-2010, issued by the Government of Mizoram, Department of Personnel and Administrative Reforms (General Service Wing), addressed to the Deputy Secretary, Soil and Water Conservation Department, Government of Mizoram (Annexure-10 to the writ petition), relating to the proposal for filling up one post of Assistant Soil Conservation Engineer (ASCE, in short) by promotion. Thus, the Petitioner, by means of this writ petition, approached to this Court for quashing the impugned letter dated 29-1-2010 and giving direction to the State Respondents to process for filling up of the post of ASCE as per the relevant Recruitment Rules. 2. Heard Mr. C. Lallramzauva, learned Senior Advocate assisted by Mr. T.J. Lalnuntluanga, learned Counsel appearing for the Petitioner and Mrs. Dinari, learned Government Advocate for the Respondent Nos. 1 to 4 as well as Mr. J.C. Lalnunsanga, learned Counsel appearing for the Respondent No. 6. None appears for the Respondent No. 5. 3. By the letter dated 29-1-2010 (Annexure-A/10 to the writ petition), the Deputy Secretary, Soil and Water Conservation Department (in short, S & WC Department) has been advised to submit proposal for promotion of Respondent No. 6 as the lone candidate, after obtaining fresh approval of DP & AR (ARW) and concurrence of the Finance Department for filling up one post of ASCE by promotion. 4. The Petitioner is serving as Junior Engineer in the Soil and Water Conservation Department, Aizawl, w.e.f. 2-5-1989. The Respondent No. 6 is serving as Survey Assistant in the Soil and Water Conservation Department on the recommendation by the DPC held on 10-2-93, w.e.f. 17-5-1991. As per the Mizoram Soil and Water Conservation Department (Group-B post) Recruitment Rules, 1992 and (First Amendment) Rules, 1993, the post of Assistant Soil Conservation Engineer (ASCE) is to be filled up by promotion as well as by direct recruitment in the ratio of 66 2/3 % and 33 1/3 %, respectively. As per the Amended Rules, the promotion to the post of ASCE is to be made from Cartographic Assistant/Survey Assistant having not less than 5 (five) years regular service in the grade and having regular course in Soil Conservation training; or Junior Engineer (Overseer) with Soil Conservation training (a) having at least 8 (eight) years regular service in the grade (b) Non-Diploma holder at least 10 (ten) years regular service in the grade. 5. 5. The learned senior counsel appearing for the Petitioner submits that since the Petitioner has been serving on regular basis as Junior Engineer w.e.f. 2-5-1989, he is eligible to be considered for promotion to the post of ASCE and that the Petitioner has also successfully completed the Soil Conservation Training Course. Thus, the impugned letter (Annexure-A/10) of the Respondent No. 2, advising the Soil and Water Conservation Department, Aizawl to submit the proposal of Respondent No. 6 as the lone candidate for promotion to the post of ASCE is illegal, arbitrary and a clear violation of Articles 14 and 16 of the Constitution of India. The learned Counsel has also strenuously argued that the service of the Respondent No. 6 in the grade of Survey Assistant is not on regular basis as he has been recommended by the DPC held on 10-2-93 for promotion to the post of Survey Assistant as a stop-gap arrangement. However, it may be pointed out that the appointment of the Respondent No. 6 dated 10-5-93, to the post of the Survey Assistant with retrospective effect from 17-5-91 is not under challenge in this writ petition. 6. The Respondent Nos. 1 to 4 and the Respondent No. 6 contested the case by filing Affidavit-in-Opposition, respectively. The learned Counsel appearing for the Respondents drew the attention of this Court to the letter dated 5-5-2010, issued by the Government of Mizoram, Department of Personnel & Administrative Reforms (General Service Wing), Annexure-IV to the Affidavit-in-Opposition of the Respondent Nos. 1 to 4 and submits that the Department of Personnel & Administrative Reforms has subsequently informed the Soil and Water Conservation Department to submit agenda papers for promotion to one post of ASCE from the persons in the feeder grade/post, who are eligible as provided in the relevant Recruitment Rules for examination and further submission to the Mizoram Public Service Commission. Pursuant to the said letter, the Soil and Water Conservation Department has to submit the names of all eligible persons, who are holding the feeder posts for filling up the lone post of ASCE including the name of the Petitioner, if he is found to be eligible for consideration as per the relevant Recruitment Rules. The issuance of the said subsequent letter dated 5-5-10 is not denied or disputed by the learned Counsel appearing for the Petitioner. The issuance of the said subsequent letter dated 5-5-10 is not denied or disputed by the learned Counsel appearing for the Petitioner. Admittedly, nothing has been mentioned expressly in the subsequent letter dated 5-5-2010, that the same was issued in super cession of the earlier letter dated 29-1-2010. However, since both the letters have been issued for the same subject matter i.e. for filling up the lone post of ASCE, it shall be presumed that the subsequent letter dated 5-5-10 has been issued in super cession of the earlier letter dated 29-1-2010. 7. Upon hearing the submission of the learned Counsel appearing for the parties and on careful perusal of both the letters dated 29-1-2010 and 5-5-2010, I am of the considered view that this writ petition may be disposed of with the following directions: (1) Pursuant to the letter dated 5-5-10, issued by the Government of Mizoram, Department of Personnel & Administrative Reforms (General Service Wing), the Department of Soil and Water Conservation is directed to submit the necessary agenda papers for filling up the lone post of ASCE by promotion by sending the names of all eligible persons as per the relevant Recruitment Rules and any other Rule or Rules in force, within a period of 4 (four) weeks from the date of passing this order, if the same was not submitted already. (2) The Respondent Nos. 1 to 5 shall initiate the process for filling up the lone post of ASCE on promotion from amongst the eligible candidates strictly in accordance with the relevant Recruitment Rules and the entire exercise shall be completed at the earliest but not later than 5 (five) months from the date of receipt of a copy of this judgment and Order. (3) The Petitioner is directed to submit an authenticated copy of this judgment and Order to the Respondent Nos. 1 to 5 for necessary compliance. 8. With the above directions, this writ petition is disposed of. The interim order, if any, stands vacated. No order as to costs.