Ujjal Bhuyan, J. -- By way of this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the Deputy Commissioner, Karimganj (respondent No. 3) to absorb the employees of the Settlement Office, Karimganj against regular vacant posts in his amalgamated establishment. Further prayer made is for a direction to the respondent No. 3 not to fill up Grade-III and Grade-IV vacancies in his amalgamated establishment without first absorbing the employees of the Settlement Office, Karimganj. 2. Petitioner is the Karimganj District Branch of All Assam Settlement Employees Association, a society registered under the Societies Registration Act, 1860 (petitioner association hereafter). Petitioner association has 72 members engaged in settlement operation under the temporary establishment of the Settlement Officer, Karimganj (respondent No. 4). They are working as Grade-III and Grade-IV staff in the said establishment for the last about 10 to 34 years. 3. Govt. of Assam in the Personnel (B) Department had directed the Deputy Commissioner and Heads of Departments vide letter dated 30.06.1979 that consequent upon the closure of settlement operations, a large number of Grade-III and Grade-IV staff were likely to be retrenched. It was decided by the Govt. to give top priority to appointment of the retrenched employees in corresponding grades in various departments. Pursuant to a letter of respondent No. 3, Personnel (B) Department, Govt. of Assam clarified that employees of settlement operation were serving in equivalent posts in Grade-III and Grade-IV and as and when their cases of absorption arise, it would be a question of adjustment from one post to another equivalent post only. Therefore, there was no need to refer such cases to the Central Recruitment Committee, which was concerned with direct recruitment. 4. Secretary to the Govt. of Assam in the Revenue (Settlement) Department issued notification dated 24.07.2000 in exercise of powers conferred by section 18 of the Assam Land and Revenue Regulation, 1886 directing that all cases of land of temporarily settled areas should be brought under settlement operation w.e.f. 01.08.2000. It was stated that the settlement operation would consist of : - “(a) Survey, demarcation and classification of land. (b) Preparation of record of rights in all classes of estates including the record of right of tenants. (c) Record attestation. (d) submission of assessment of reports. (e) Reassessment. (f) Revenue attestation. (g) Officer of Settlement.” 5. It was stated that the settlement operation would consist of : - “(a) Survey, demarcation and classification of land. (b) Preparation of record of rights in all classes of estates including the record of right of tenants. (c) Record attestation. (d) submission of assessment of reports. (e) Reassessment. (f) Revenue attestation. (g) Officer of Settlement.” 5. According to the petitioners, a meeting was held on 10.09.2008, which was presided over by the Minister, Revenue Department, Govt. of Assam, wherein it was decided that vacant posts of Mandal and other staff in the establishment of the concerned Deputy Commissioner should be filled up by staff of the settlement offices to ensure that nobody was rendered jobless after closure of the settlement operation in the district concerned. Thereafter, Principal Secretary to the Govt. of Assam in the Revenue and Disaster Management Department wrote to various Deputy Commissioners, including the Deputy Commissioner, Karimganj (respondent No. 3) on 19.09.2008 stating that Govt. had decided to close all settlement/resettlement operations by 31.12.2008 and after closure of such operations, to absorb all the staff of the settlement offices against regular vacant posts in the amalgamated establishment of Deputy Commissioner of the districts so as to ensure that no one was rendered jobless due to closure of settlement/resettlement operations. 6. Govt. of Assam in the Revenue and Disaster Management Department had thereafter issued notification dated 19.09.2009 in exercise of powers conferred by section 19(1) of the Assam Land and Revenue Regulations, 1886, declaring the settlement operation in the permanently settled estate areas of Karimganj district notified vide Govt. notification dated 30.06.1979 as closed w.e.f. 31.07.2009. 7. Instead of absorbing the staff working in the temporary establishment of respondent No. 4, respondent No. 3 issued advertisement on 03.09.2010 inviting applications to fill up 22 posts of Junior Assistant, 9 posts of Process Server and 18 posts of Peon/Chowkidar/Mali/Room Bearer in his establishment. Petitioner association immediately submitted representation dated 15.09.2010 before respondent No. 3 requesting absorption of members of the petitioner association engaged in the temporary establishment of respondent No. 4 against existing Grade-III and Grade-IV vacancies in the amalgamated establishment of respondent No. 3 in terms of the Govt. decision. But no steps were taken by respondent No. 3 on the said representation submitted by the petitioner. 8. Aggrieved, petitioner association has filed the present writ petition seeking the reliefs as indicated above. 9. decision. But no steps were taken by respondent No. 3 on the said representation submitted by the petitioner. 8. Aggrieved, petitioner association has filed the present writ petition seeking the reliefs as indicated above. 9. Contention of the petitioner association is that respondent No. 3 is acting in defiance of Govt. instruction and despite availability of vacancies in his establishment, he has not taken any steps for absorption of the members of the petitioner association against Grade-III and Grade-IV vacancies. Without absorbing the employees working in the temporary establishment of respondent No. 4, respondent No. 3 should not fill up Grade-III and Grade-IV vacancies in his establishment by way of open recruitment. 10. On 12.10.2010, the writ petition was admitted for hearing by this Court and it was observed that the appointments proposed to be made would be subject to the outcome of the writ petition. 11. On receipt of notice, respondent No. 3 has filed an affidavit. While it is admitted that the Govt. of Assam in the Personnel (B) Department had requested all Secretaries, Heads of Departments, Deputy Commissioners and Sub-Divisional Officers of the State to give top priority to absorption of the retrenched employees of settlement operation while making appointments to Grade-III and Grade-IV vacancies, he has also highlighted various administrative procedures required to be followed while making appointments to different posts in the establishment of the Deputy Commissioner, which is regulated by the provisions of Assam Ministerial District Establishment Service Rules, 1967, as amended. It is further stated that Govt. of Assam in the Revenue (Settlement) Department vide notification dated 24.07.2000 had declared that all cases of land of temporary settled areas in the district of Karimganj would be brought under the settlement operation w.e.f. 01.08.2000. Re-settlement operation of permanently settled estate areas of Karimganj district was also in operation simultaneously, which was declared closed subsequently on 31.07.2009 under section 19(1) of the Assam Land and Revenue Regulations, 1886. Govt. of Assam had retained all the employees of the re-settlement operation of permanently settled estate areas of Karimganj district upto 28.02.2009. Thereafter, vide Govt. communication dated 27.02.2009, it was declared that the employees working in the temporary establishment of respondent No. 4 would be retained in the settlement operation of temporary settled areas. Govt. of Assam had retained all the employees of the re-settlement operation of permanently settled estate areas of Karimganj district upto 28.02.2009. Thereafter, vide Govt. communication dated 27.02.2009, it was declared that the employees working in the temporary establishment of respondent No. 4 would be retained in the settlement operation of temporary settled areas. Respondent No. 3 has, however, disputed about holding of meeting on 19.09.2008, which the petitioner association contended was held under the presidentship of the departmental Minister. Members of petitioner association are continuing in their jobs in the settlement operation of temporary settled estate areas. In paragraph 9, it is reiterated that after closure of resettlement operation of permanently settled estate areas of Karimganj district on 31.07.2009, services of the members of the petitioner association have been continued under the settlement operation of temporary settled estate areas. Though settlement operation of temporary settled estate areas was started w.e.f. 24.07.2000, actual work on the field commenced only on and from 31.07.2009. The said operation is at a nascent stage and it would take some more time for completion of the same. In this connection, respondent No. 3 has pointed out that resettlement operation of permanently settled estate areas of Karimganj district had commenced on 30.06.1979 and it took 30 years for the said resettlement operation to be closed on 31.07.2009. This would give an indication of the likely duration of the settlement operation of temporary settled estate areas. There is no possibility of winding up of the settlement operation in the near future. There are 46 vacancies in Grade-III and Grade-IV outside the advertisement dated 03.09.2009 and 40 additional vacancies are anticipated in the coming years. Because of acute shortage of staff, advertisement had to be issued. At this stage, there is no question of retrenchment of any employee engaged in the settlement operation. 12. Heard Mr. N Dhar, learned counsel for the petitioner association and Mr. BJ Ghosh, learned Govt. Advocate, Assam. 13. During the hearing, learned Govt. Advocate submitted on further instructions that the settlement operation of temporary settled estate areas of Karimganj district is presently at a preliminary stage, which will take a minimum of 7 years time to complete. 12. Heard Mr. N Dhar, learned counsel for the petitioner association and Mr. BJ Ghosh, learned Govt. Advocate, Assam. 13. During the hearing, learned Govt. Advocate submitted on further instructions that the settlement operation of temporary settled estate areas of Karimganj district is presently at a preliminary stage, which will take a minimum of 7 years time to complete. Regarding the selection process pursuant to the advertisement dated 03.09.2010, it is stated that a total of 446 numbers of application were received from intending candidates, but in view of the observation of this Court that appointments proposed would be subject to the outcome of the writ petition, the recruitment process has been kept in abeyance till disposal of the writ petition. It is further stated that as on December, 2013, 150 posts in the amalgamated establishment of respondent No. 3 were vacant, the break-up of which is as follows: - 1. Stenographer Gr-II - 2 Nos. 2. Junior Assistants - 40 Nos. 3. Driver-I - 1 No. 4. PS - 14 Nos. 5. Gr-IV - 29 Nos. 6. Amin/Mandal - 51 Nos. 7. Chainman - 13 Nos. Total = 150 Nos. 14. While the members of the petitioner association may have a legitimate expectation that by virtue of their long service in the temporary establishment of respondent No. 4 carrying out re-settlement operation and now settlement operation that they would be absorbed against regular vacancies and be treated as regular Govt. employees, the same would have to be balanced with the need for recruitment through regular process so that all eligible candidates in the open market can get a chance to compete. Contention of the petitioner association that until all its members are absorbed, there should be no fresh recruitment, cannot be accepted, as such a course of action would be violative of the right to equality under Articles 14 and 16 of the Constitution of India. At the same time, the Court has taken note of the stand taken by respondent No.3 in the affidavit, to which there is no rejoinder by the petitioner association, that all the employees who had worked in the resettlement operation of permanently settled estate areas have been continuing in the settlement operation of temporary settled estate areas on closure of the former. The Court has also taken note of the stand taken that at least for the next 7 years, the settlement operation of temporary settled estate areas of Karimganj district would continue. Therefore, question of retrenchment of such employees, at this stage, does not arise. 15. Chapter-III of the Assam Land and Revenue Regulations 1886 deals with settlement and resumption. Regulation 17 defines settlement operations. It says that settlement operations may consist of one or more of the following:- (a) survey and demarcation; (b) assessment of land revenue of land; (c) record-of-right; 16. Under Regulation 18, the State Govt. has to issue a notification when any local areas or class of estates is to be settled and specify the settlement operations to be carried out. Regulation 19 provides that every local area or class of estates shall be held to be under settlement operation from the date of notification issued under Regulation 18 till issue of another notification declaring closure of settlement operations. 17. Therefore, the legal provision is this that until a fresh notification is issued by the Govt. declaring closure of the settlement operations of temporary settled estate areas of Karimganj district which is presently on, the same would be deemed to continue. Respondent No. 3 has stated on oath that till such settlement operation continues, service of members of the petitioner association would be continued. It is also stated that first preference would be given to the employees working under respondent No. 4 for absorption while making regular recruitment to Grade-III and Grade-IV posts in the amalgamated establishment of respondent No. 3. 18. In the light of the above, Court is of the considered view that no case for issuance of any mandamus or direction as sought for is made out at this stage. Accordingly, writ petition is dismissed, but there shall be no order as to costs.