Page No.# 1/3 GAHC010134762022 2025:GAU-AS:498 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7388/2019 MANASH PRATIM BORAH S/O- LATE PRABIN CH BORAH VILL- KOKAJAN SONARI GAON P.S- KOKAJAN P.S- TEOK DIST- JORHAT PIN- 785107 ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HOME DEPTT DISPUR GUWAHATI- 6 ASSAM 2:THE DIRECTOR GENERAL OF POLICE ULUBARI GUWAHATI- 7 ASSAM 3:THE CHAIRMAN STATE LEVEL COMMITTEE ASSAM 4:THE CHAIRMAN DISTRICT LEVEL COMMITTEE JORHAT DIST- JORHAT ASSAM PIN- 785001 5:THE SUPERINTENDENT OF POLICE JORHAT Page No.# 2/3 DIST- JORHAT ASSAM PIN- 785001 6:THE DEPUTY COMMISSIONER JORHAT DIST- JORHAT ASSAM PIN- 785001 ------------ Advocate for : MR. S SINHA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 20.01.2025 Heard Mr. S. Sinha, 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. Sinha, 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with liberty to the petitioner to present a challenge to the Office Memorandum, dated 18.09.2024, which has, in effect, withdrawn the scheme of compassionate appointment in the State Government services.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 Page No.# 3/3 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 In view of the above position, the present writ petition is permitted to be withdrawn with liberty to the petitioner to challenge the provisions of the Office Memorandum, dated 18.09.2024. 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