Page No.# 1/2 GAHC010243812024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/237/2025 1: THE STATE OF ASSAM REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE GOVERMENT OF ASSAM, PANCHYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-781006 2: THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PENSION AND PUBLIC GRIEVANCES DEPARTMENT ASSAM DISPUR GUWAHATI-6. 3: THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 4: THE COMMISSIONER PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT JURIPAR PUNJABARI GUWAHATI- 37. 5: THE DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX GUWAHATI-6. 6: THE CHIEF EXECUTIVE OFFICER DHUBRI ZILLA PARISHAD P.O. AND DISTRICT- DHUBRI ASSAM PIN- 783101. 7: THE TREASURY OFFICER DHUBRI TREASURY P.O. AND DISTRICT- DHUBRI ASSAM PIN- 78310 VERSUS NUR HUSSAIN MOLLAH S/O. MEZER UDDIN MOLLAH, VILLAGE- MADAIKHALI, P.O.- ASHARIKANDI, DISTRICT- DHUBRI, ASSAM, PIN- 783331 For the Applicant(s) : Mr. K. Konwar, Additional Advocate General, Assam, assisted by Mr. A.K. Ghose, Advocate. For the Respondent(s) : Mr. M. Dutta, Advocate. : Mr. M. Islam, Advocate. Page No.# 2/2 – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 20.05.2025 (Vijay Bishnoi, CJ) This interlocutory application is preferred by the State seeking a clarification in the judgment & order dated 05.08.2023 passed in Writ Appeal No.133/2023. Mr. K. Konwar, learned Additional Advocate General, Assam has submitted that there is a confusion to the effect that whether the services of the non-applicant/writ petitioner are to be treated as regularized from 10.06.2003 or from an earlier date. We have gone through the judgment & order dated 05.08.2023 passed in Writ Appeal No.133/2023 and find that in Paragraph V.B. (page 16 of the judgment), the Division Bench recorded a specific finding to the effect that the appointment of the non-applicant/writ petitioner is to be treated as an appointment in a substantive post with effect from 10.06.2003. In view of the said specific finding recorded in the judgment & order dated 05.08.2023, we deem it appropriate to clarify that the services of the non- applicant/writ petitioner are deemed to be regularized from 10.06.2003 and not before that. With this clarification, this interlocutory application stands disposed of. JUDGE CHIEF JUSTICE Comparing Assistant