Page No.# 1/4 GAHC010134762022 2025:GAU-AS:498 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/595/2021 FARHAD MD. ANAMUL HUSSAIN S/O- LT. AMINUL HUSSAIN R/O- VILL- TATIKATA P.O. AND P.S. MOIRABARI PIN- 782126 DIST.- MORIGAON ASSAM VERSUS THE STATE OF ASSAM AND 9 ORS REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM DISPUR GHY-06 2:THE STATE LVEL COMMITTEE (SLC) ASSAM DISPUR GHY-06 3:THE CHIEF SECRETARY CHAIRMAN OF THE STATE LEVEL COMMITTEE (SLC) ASSAM DISPUR GHY-06 4:THE COMM. AND SECY. TO THE GOVT. OF ASSAM PUBLIC WORKS (ROADS) DEPTT. DISPUR GHY-06 5:THE COMM. AND SECY. TO THE GOVT. OF ASSAM PERSONNEL (B) DEPTT. Page No.# 2/4 DISPUR GHY-06 6:THE COMM. AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-06 7:THE DISTRICT LEVEL COMMITTEE (DLC) NAGAON DIST.- NAGAON ASSAM PIN- 782001 8:THE DY. COMMISSIONER CHAIRMAN OF THE DISTRICT LEVEL COMMITTEE (DLC) NAGAON DIST.- NAGAON ASSAM PIN- 782001 9:THE CHIEF ENGINEER PUBLIC WORKS (ROADS) DEPTT. ASSAM CHANDMARI GHY-03 10:THE EXECUTIVE ENGINEER PWD NAGAON STATE ROAD DIVISION DIST.- NAGAON ASSAM PIN- 782001 ------------ Advocate for : MR. J A AHMED Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 9 ORS Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 20.01.2025 Heard Mr. J. A. Ahmed, learned counsel for the petitioner. Also heard Mr. Dilip Mazumdar, learned Addl. Advocate General, Assam, assisted by Mr. R. Dhar, learned Addl. Senior Government Advocate, appearing on behalf of the State Respondents. Mr. Ahmed, learned counsel for the petitioner, on instructions, has submitted that he be permitted to withdraw the present writ petition with liberty to the petitioner to present a challenge to the Office Memorandum, dated 18.09.2024, which has, in effect, withdrawn the scheme of compassionate appointment in the State Government services. The above prayer has not been objected to by Mr. Mazumdar, learned Addl. Advocate General, Assam. However, Mr. Mazumdar, learned Addl. Advocate General, Assam, has submitted that the issue as to whether the claim of the petitioner for appointment on compassionate grounds, would mandate a direction for consideration from this Court, is required to be examined in view of the decision rendered by the Hon'ble Supreme Court in the case of State of W.B. v. Debabrata Tiwari & ors.[reported in (2023) SCC Online SC 219]. In view of the above position, the present writ petition is permitted to be withdrawn with liberty to the petitioner to challenge the provisions of the Office Memorandum, dated 18.09.2024. Page No.# 4/4 However, the issue of maintainability of any such writ petition filed, is kept open, and it would be permissible for the respondents to raise the same in the event of filing of any fresh writ petition by the petitioner, herein. With the above observations and liberty, as prayed for; the present writ petition stands dismissed on withdrawal. JUDGE Comparing Assistant