Page No.# 1/7 GAHC010268052025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3950/2025 NAYAN JYOTI SARMA AND ORS S/O KUMUD CHANDRA SARMAR/O H. NO. 14, SUKAFA PATH, TOWN - GUWAHATIP.O - PANJABARI, P.S - SATGAON, PIN - 781037, KAMRUP METRO, ASSAM 2: KULDIP RAJBONGSHI S/O CHANDRA KANTA RAJBONGSHIR/O GHORAMARA NIRIBILI PATH GUWAHATI-28 TOWN - GUWAHATIP.O/ - BELTOLA P.S - HATIGAON PIN 781028 KAMRUP METRO ASSAM 3: ROHAN MAHMOOD S/O ABDUR RASHIDR/O ABHAYAPURI WARD NO 01 TOWN - ABHAYAPURIP.O/P.S - ABHAYAPURI PIN 783384 BONGAIGAON ASSAM 4: FARUQUE MOHAMMAD SAIKIA S/O LATE MAHCHIN ALI SAIKIAR/O HAJO DAULASHAL PATH VILL - LOHARKATHA P.O - LOHARKATHA P.S - MUKALMUA PIN 781126 NALBARI ASSAM 5: NAZNINA YESMIN D/O AKBAR ALI R/O D2 BLOCK II AMAN HERITAGE Page No.# 2/7 MOTHER TERESA PATH OPP HATIGAON POLICE STATION HATIGAON TOWN GUWAHATIP.O/P.S - GUWAHATI PIN 781038 KAMRUP METRO ASSAM 6: RUPAK KALITA S/O ARABINDA CHANDRA KALITAR/O WARD NO 01 COLLEGE ROAD JYOTI NAGAR NEAR TOWN COMMITTEE OFFICE PATHSALA TOWN - PATHSALAP.O - PATHSALA P.S - PATACHARKUCHI PIN 781325 BAJALI ASSAM 7: KAMAL DAS S/O RASHMI DASR/O RUPNAGAR SANKARDEV PATH HOUSE NO - 45 TOWN - RUPNAGAR GUWAHATIP.O - INDRAPUR P.S - BHANGAGARH PIN 781032 KAMRUP METRO ASSAM 8: RAJIB KR DEKA S/O - MADHU RAM DEKAR/O VILL BAGTA P.O - BAGTA P.S - HAJO PIN 781102 KAMRUP RURAL ASSAM 9: ANKUR JYOTI DAS S/O -NIROD CH. DASR/O PANDU SADILAPUR JALUKBARI GUWAHATI-781012 TOWN - PANDU GHYP.O - PANDU P.S - JALUKBARI PIN 781012 KAMRUP METRO ASSAM Page No.# 3/7 10: SYEDA NASHRIN SULTANA D/O SYED NAJIBUDDIN AHMEDR/O NALBARI MALIKUCHI WARD NO-2 781335 NALBARI ASSAM 11: PARBIN EYASMIN D/O TAIZUDDIN AHMEDR/O VILLAGE BARNI P.S. HAJO KAMRUP 78110 VERSUS THE STATE OF ASSAM AND ORS REP. BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS ROADS DEPTT. ASSAM SECRETARIAT DISPUR GUWAHATI-6. 2:THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT OF ASSAM PUBLIC WORKS ROADS DEPTT ASSAM SECRETARIAT DISPUR GUWAHATI-6. 3:THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT OF ASSAM PUBLIC WORKS BUILDING AND NH DEPTT ASSAM SECRETARIAT DISPUR GUWAHATI-6 2022 4:THE ADDITIONAL CHIEF ENGINEER (P) PWD ROADS OFFICE OF THE CHIEF ENGINEER PWD ROADS ASSAM CHANDMARI GUWAHATI 5:THE FINANCE DEPARTMENT REPRESENTED BY ITS COMMISSIONER SECRETARY TO THE GOVERNMENT OF ASSAM GROUND FLOOR F BLOCK JANATA BHAWANDISPUR GUWAHATI 781006 6:ASSAM PUBLIC SERVICE COMMISSION REP BY ITS CHAIRMAN JAWAHAR NAGAR KHANAPARA Page No.# 4/7 GUWAHATI ASSAM PIN-78102 Advocate for the Petitioner : MR B P BORAH, MR. A KHANDAKAR,MISS. J GOGOI,MR J. B. CHOUDHURY,MR. U S BORA Advocate for the Respondent : SC, APSC, SC, FINANCE,SC, PWD BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 19.12.2025 Heard Mr. PK Goswami, learned Senior Counsel assisted by Mr. BP Borah, learned counsel for the applicants/writ petitioners. Also heard Mr. TJ Mahanta, learned Senior Counsel assisted by Ms. P Srama, learned counsel for the APSC for the respondent no.6 and Mr. P Nayak, learned Additional Advocate General, Assam for the State respondent nos. 1 to 5. 2. Earlier on 31.10.2025 the writ petition being WP© No.6140 of 2025 was listed before the Court and on the submissions made before the Court by the learned Additional Advocate General, Assam that the last extension of the writ petitioner were granted on 13.09.2025 and which will operate till the next 4 (four) months i.e. 12.01.2026 and there can no apprehension expressed regarding the status of the writ petitioners towards the service during the currency of the said extension and therefore, no interim order ought to be granted. Taking into consideration the submissions made, notices were issued in the writ petition, however, without passing any interim order. 3. The applicants/petitioners are serving as Junior Engineers (Civil) in PWD on 3(f) since 04.06.2019 and their appointments were renewed by issuing fresh appointment orders from time to time. Further their initial appointment under Page No.# 5/7 3(f) intermittently for one period was terminated on 25.06.2024 and subsequently, pursuant to a Cabinet decision taken by the State, they again reappointed on 27.08.2024. The petitioners therefore have filed the writ petition seeking appropriate orders from the Court praying for their permanent inclusion into their services. In view of the regular selection adopted by the State through the APSC, the writ petitioners apprehended that the process for appointments of the selected persons is underway and the petitioners will be terminated from their services. Under such circumstances, this Interlocutory Application has been filed. 4. Today whether matter is called up, the learned Additional Advocate General, Assam has pointed out that the submissions earlier made are not supported by the facts which are evident from the writ petition. The petitioners extensions were granted with effect from the months of April, 2025 and May, 2025 for a period of 4 (four) months. Therefore their second extension expired well before the matter was taken up by the Court on 31.10.2025 and therefore, the Government was constrained to issue the notification dated 20.11.2025 whereby it was stated that the services of the writ petitioner shall cease to exist with effect from 17.11.2025. It is under these circumstances, that the Interlocutory Application has been filed praying for appropriate interim orders. 5. It is submitted on behalf of the applicants that when the Court had earlier issued notice to the respondents on 31.10.2025, the petitioners were in service and their services are necessary notwithstanding the process of regular appointments being undertaken, as per instructions, sufficient vacancies would be available for accommodating the service of the writ petitioners/applicants. 6. Taking into consideration the submissions made, the fact remains that the applicants/petitioners were appointed as 3(f) appointees under the Assam Page No.# 6/7 Public Service Commission (APSC) (Limitation of Functions) Regulations, 1951. As per the Regulation itself, the appointment under Regulation 3 (f) is for an initial period of 4 (four) months, subject to such extension as may be granted by the Government. The applicants/petitioners having been appointed under 3(f) have continued in service pursuant to such extensions and/or fresh appointments granted by the Government. However, upon a decision taken by the appropriate Government Authorities for regular selection, the necessity of continuation of services by the writ petitioners under 3(f) is also required to be taken by the Government. Once the regular candidates are selected and appointed, the question of extension or reappointment of 3(f) candidates will essentially have to be taken by the Government depending on their requirement of services. 7. In view of the submissions made by the learned Senior Counsel for the applicants/petitioners, that notwithstanding, the regular process of selection being undertaken, there are several posts still available and the services of the applicants/petitioners which would be necessary in the concerned Department considering their experiences, on the request made by the learned Senior Counsel for the petitioners, this Court grants liberty to the petitioners to file detailed representation before the Commissioner and Special Secretary to the Government of Assam, Public Works (Roads) Department, namely, the respondent no.1 to look into their grievances, for retention into their services subject to availability of vacancy and requirement of Government. The concerned Authority will decide and pass appropriate orders on such representation being filed. If the same is filed within a period of 10 (ten) days, a speaking order there on deciding on the applicants/petitioners claims shall be passed as expeditiously within the outer limit of 15 (fifteen) days from the date Page No.# 7/7 of receipt of the representation permitted to be filed by the writ petitioners/applicants and any such speaking order that is passed will be served on the applicants/petitioners. 8. With the above observation, the Interlocutory Application at this stage stands disposed of. JUDGE Comparing Assistant