JUDGMENT AND ORDER : 1. Heard Mr. N Dutta, the learned senior counsel assisted by Ms. B Bhuyan, for the petitioners and Mr. MR Adhikari, the learned Government Advocate for the respondents. 2. There were earlier five writ petitioners who participated but subsequently only three writ petitioners i.e. the petitioner Nos. 1, 4 and 5 have remained as the others have been deleted from amongst the arrayed petitioners. 3. Brief facts of the case may be narrated at the outset. All the three writ petitioners who are working as Motor Vehicle Inspectors (MVI) in the Transport Department of the Government of Assam have joined their respective posts on 24.1.1989, 9.3.1990 and 17.11.1992. The next promotional post from the post of MVI is to the post of District Transport Officer (DTO) in terms of the rules framed by the State Government in exercise of its powers conferred by the provisio to Article 309 of the Constitution of India i.e. the Assam Transport Service Rules, 2003 (Service Rules). The Service Rules came into force w.e.f 10.10.2003 i.e. the date of publication in the Assam Gazette. 4. Rule-5 (2) of the Service Rules provides that recruitment to the service shall be made in the cadre of DTO amongst others by direct recruitment and from the feeder posts of MVI and Enforcement Inspector (E.I.). The ratio allotted to each source is 30:30:40 i.e. 30% by direct recruitment, 30% by promotion from the cadre of MVI and 40 % by promotion from the Cadre of E.I. Rule 11 (ii) (5) of the Service Rules also provides that a member of the Service in the cadre of MVI/EI shall be eligible for promotion to the cadre of DTO and equivalent cadres on completion of 8 years of service on the last day of January of the year in which selection is made for promotion. 5. Rule -12 of the Service Rule amongst others provides that by the end of each year, the appointing authority shall make an assessment of the likely number of vacancies to be filled up by promotion in the subsequent year in each cadre. 5. Rule -12 of the Service Rule amongst others provides that by the end of each year, the appointing authority shall make an assessment of the likely number of vacancies to be filled up by promotion in the subsequent year in each cadre. The appointing authority would be required to furnish all necessary documents and information with regard to the officers eligible for promotion in order of seniority to the Board comprising of the Chief Secretary or his nominee not below the rank of Principal Secretary as the Chairman, Commissioner and Secretary, Transport Department as the Principal Secretary and the Commissioner and Secretary, Personnel Department and Commissioner of Transport as members (Rule-13 of the Service Rules). It further provides that the appointing authority may simultaneously request the Board to recommend within a period of one month, the list of members who are found suitable for promotion in order of preference. In respect of promotion to each of the cadre in which recruitment is to be made by way of promotion, selection is to be made on the basis of merit with due regard to the seniority. It further provides that the list of all recommended candidates shall have to be forwarded to the Assam Public Service Commission(APSC) together with all the essentials for its approval. Thereupon, it is the APSC who shall finally approve the list with such modification as it considers just and proper. 6. Mr. N Dutta, the learned senior counsel submits that though the respondents do not deny the existence of the Service Rules and the various procedures and modalities prescribed therein but they have not been applying the same and instead have resorted to fill up the posts of DTO on in-charge basis. He draws the attention of the Court to Schedule -I of the Service Rules which provides the strength of the service in each cadre. In respect of the post of DTO, it is classified as Class-I post Grade-II and there are five temporary posts and 10 permanent posts. Therefore, out of the total 15 posts, the ratio that can be allotted to the three sources would roughly come to 5 posts each. In respect of the post of DTO, it is classified as Class-I post Grade-II and there are five temporary posts and 10 permanent posts. Therefore, out of the total 15 posts, the ratio that can be allotted to the three sources would roughly come to 5 posts each. In so far as the gradation list in the cadre of MVI is concerned, he submits that respondent authorities have come up with a gradation list as on April, 2015 wherein the petitioners are placed at serial No. 2, 4 and 5 respectively. He also submits that as for the gradation list of E.I., the draft gradation list was circulated vide office order dated 6.8.2015 by the Joint Secretary to the Government of Assam, Transport Department inviting objections from the officers concerned and to be submitted within a period of 15 days from the date of the order. It was also further provided that if objections were not received within the prescribed time, the seniority fixed in the gradation list would be treated as the final list. 7. Mr. N Dutta, the learned senior counsel submits that despite the gradation list prepared in the cadre of MVI and E.I., the respondent authorities have failed to fill up the posts of DTOs as per the Service Rules. He submits that the respondents have filled up the post of DTOs by resorting to posting officers who are much junior to the petitioners on in-charge basis. The petitioners on the other hand have been left without being considered for promotion since their regularization to the post of MVI was way back in the year 1989 -1992. He further submits that this Court while issuing notice of motion on 18.12.2015 had passed an interim order to the effect that the respondents should not fill up the vacancy in the post of DTO against the earmarked promotional vacancy for MVIs except by following the procedure prescribed in the Service Rules. Although there were some clerical error in the said order but the same has been rectified pursuant to the filing of I.A. (Civil) No.4 of 2016 rectification order passed on 4.10.2016. Although there were some clerical error in the said order but the same has been rectified pursuant to the filing of I.A. (Civil) No.4 of 2016 rectification order passed on 4.10.2016. He submits that despite the passing of the interim order, the respondent authorities have still resorted to filling up the post of DTO on in-charge basis by issuing an order on 12.2.2016 whereby the two officers, namely, Shri Nipen Kalita and Sri Apurba Kumar Das have been allowed to hold the charge of DTO Tinsukia and Dhubri district respectively. He, therefore, submits that the respondents authorities have clearly shown dis-regard to the interim order passed on 18.12.2015 compelling the petitioners to file Contempt (C) No.253 of 2016. 8. By referring to the contempt petition he submits that the Secretary to the Government of Assam, Transport Department arrayed as respondent No. 2 in the contempt petition has sought to make a justification by stating that the order of the Court has not been violated since the post of DTO is not filled up by promotion. That it was only due to the exigency of service that temporary arrangements had to be made and the same is not a promotion. The State respondents have also sought to justify the actions taken by stating that even some of the petitioners have been allowed to function as DTO on in-charge basis. He submits that the action of the respondents is nothing short of defiance of the direction of the Court and therefore, Court may pass an appropriate order as warranted under the facts and circumstances while directing the respondents to undertake the exercise of filling up all vacancies in the post of DTO strictly as per the Service Rules within a time frame. 9. Appearing for the respondents Mr. MR Adhikari, the learned Government Advocate by referring to the affidavit-in-opposition filed by the respondent No.3 submits that the respondent authorities are aware of the Service Rules and all steps are being taken to fill up the vacancies in the post of DTO as per the Service Rules. He submits that the gradation list of MVI and E.I. having been recently published only on 6.8.2015, promotion as per the Service Rules could not be immediately carried out. He submits that the gradation list of MVI and E.I. having been recently published only on 6.8.2015, promotion as per the Service Rules could not be immediately carried out. He further submits that steps towards convening Departmental Promotional Committee for finalizing the gradation list and examination of the respective ACRs of the eligible candidates and verification of rooster points are the requirements before promotion can be made as per the Service Rules. It is on this count that the temporary arrangements of placing some officers as in-charge DTO have been resorted to by the respondent authorities. He submits that a further 2(two) weeks’ time may be granted to obtain up to date instructions. 10. I have considered the submissions advanced by the rival parties and I have also perused the materials available on record. Having regard to the case projected by the rival parties, I am not inclined to grant further time and keep the matter pending. The facts that are not in dispute is that the Service Rules amongst others provide for the method of recruitment to the post of DTO by way of promotion or amongst the officers in the cadre of MVI. The petitioners also admittedly have gained more than 8 years of service in the Grade of MVI and it can be seen that the State respondents despite framing the Service Rules way back in the year 2003 has not adopted the method of recruitment provided therein. Some of the instances highlighted by the petitioners clearly show that the respondent authorities have been mainly resorting to filling up of the posts of DTO by way of in-charge basis. The same has been highlighted in the additional affidavit filed by the writ petitioners whereby vide notification dated 12.2.2016, 8.2.2016 and 19.2.2016 the post of the DTO has been manned by the officers of the Transport Department only on in-charge basis. 11. On perusal of the order sheets, it can be seen that the respondents have been granted time to complete the process of filling up of the posts of DTO by way of promotion as contemplated in the Service Rules. But however, respondents are yet to finalize the process. In this connection, Mr. 11. On perusal of the order sheets, it can be seen that the respondents have been granted time to complete the process of filling up of the posts of DTO by way of promotion as contemplated in the Service Rules. But however, respondents are yet to finalize the process. In this connection, Mr. MR Adhikari has produced a communication which is dated 17.7.2017 written by the Additional Secretary to the Government of Assam, Transport Department stating that the Commissioner of Transport Department has been asked to submit the ACRs of MVI and E.I. vide letter dated 24.3.2017 with a reminder sent on 12.6.2017. It further states that the further action would be initiated for promotion on receipt of the ACRs. The said communication although dated 17.7.2017 only indicates the steps taken in the month of March, 2017 and considering the arrangement made by the respondent authorities in the meantime, an impression has been created that there is no urgency in filling up the post of DTO as per the Service Rules. 12. The Service Rules was framed by the respondent authorities in the year 2003 which came into effect from 10.10.2003. When the Service Rules have been framed by the respondent authorities themselves, it is their bounden duty to abide by the same. The manner in which the post of DTO has been kept in the hand of officers only on in-charge basis cannot be accepted. Steps taken in that direction even after the filing of the writ petition is being noticed as well. However, considering the fact that some process have been taken by the respondent authorities to effect promotion in terms of the Service Rules, I am of the considered opinion that under the facts and circumstances, a time bound direction to complete the process is warranted. 13. In that view of the matter, the respondents, more particularly, the respondent Nos. 1 and 2 are directed to complete the process of filling up of the posts of DTO strictly as per the provisions of the Service Rules by considering all the eligible officers including the writ petitioners as expeditiously as possible and within the outer limit of 3 months from the date of receipt of a certified copy of this order. Once the process is completed, the arrangement of in-charge DTOs shall give way to the appointment of the selected candidates. Once the process is completed, the arrangement of in-charge DTOs shall give way to the appointment of the selected candidates. The communication dated 17.7.2017 produced the by the learned Government Advocate shall be kept in record and marked as ‘X’ for identification 14. Writ petition stands disposed of. No cost.