Page No.# 1/3 GAHC010260422025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/55/2025 RUHINI HAZARIKA S/O SRI BINANDA CHANDRA HAZARIKA R/O VILL-TEOK KHANGIA GAON P.O.-JAKHARIA P.S.-TEOK DIST-JORHAT ASSAM PIN-785113 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER OF TRANSPORT DEPARTMENT GOVERNMENT OF ASSAM DISPUR GUWAHATI-06 ASSAM 2:THE ASSAM STATE TRANSPORT CORPORATION REPRESENTED THROUGH ITS MANAGING DIRECTOR PALTANBAZAR GUWAHATI-781008 ASSAM 3:THE DIVISIONAL SUPERINTENDENT ASTC BARUAH CHARIALI JORHAT ASSAM PI-785001 4:THE DIVISIONAL ENGINEER (MAINTENANCE) Page No.# 2/3 ASTC SERVICE BARUAH CHARIALI JORHAT ASSAM ------------ Advocate for : MS M DAS Advocate for : SC A S T C appearing for THE STATE OF ASSAM AND 3 ORS BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 15.12 .2025 Heard Ms. M. Das, learned counsel for the applicant. Also heard Ms. K. Borpujari, learned Standing Counsel, ASTC. The learned counsel for the petitioner submits that this Court, by order dated 19.09.2024 in WP(C) No.6313/2021 dismissed the matter for non- prosecution. It had also observed that in view of the order dated 14.12.2021 which was placed before the Court, the petitioner was reinstated to the post of Driver and therefore, nothing appears to have survived in the writ petition. However, the matter was subsequently dismissed for non-prosecution. The learned counsel for the petitioner submits that the petitioner’s name appears at Serial No.18 in the said order pertains to fresh engagement as driver on contractual basis. It is submitted that the claim of the petitioner is for reinstatement in service and for setting aside of the termination order. It is therefore, submitted that since by the order dated 14.12.2021 issued by the ASTC pertains to engagement on contractual basis, it does not amount to Page No.# 3/3 reinstatement of the petitioner and therefore his claim in the writ petition still survives. Under such circumstances, it is submitted that the writ petition be revived and restore to life so as to give the petitioner an opportunity of being heard. The prayer made is not objected to by the learned Standing Counsel, ASTC. Accordingly, upon consideration of the submissions made and upon perusal of the order dated 14.12.2021, the Misc. Case No.55/2025 stands allowed restoring WP(C) No.6313 of 2021 to file. This misc. case accordingly stands disposed of and the WP(C) No.6313 of 2021 be listed for admission on 22.01.2026. JUDGE Comparing Assistant