Page No.# 1/3 GAHC010085512023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/248/2023 THE STATE OF ASSAM AND 4 ORS. REP. BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM, PUBLIC WORKS DEPARTMENT, DISPUR, GUWAHATI -6. 2: THE SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS DEPARTMENT (ROADS) DISPUR GUWAHATI -6 ASSAM. 3: THE DEPUTY SECRETARY PUBLIC WORKS DEPARTMENT (ROADS) CHANDMARI GUWAHATI- 3 ASSAM. 4: THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (ROADS) CHANDMARI GUWAHATI- 3 ASSAM. 5: THE SUPERINTENDENT ENGINEER PUBLIC WORKS DEPARTMENT DIBRUGARH RURAL ROAD DIVISION Page No.# 2/3 DIBRUGARH- 786001 ASSAM VERSUS DEBASHIS PUZARI B S/O SRI TARUN CHANDRA PUZARI R/O WEST MILAN NAGAR (K-LANE), P.O.C.R. BUILDING, DIST.- DIBRUGARH, ASSAM - 786001. Advocate for the Petitioner : SR. GA, ASSAM, Advocate for the Respondent : MR. S P SHARMA, MR. K N CHOUDHURY,K AHMED,MR. S P SHARMA,K AHMED,MR P R SARMA BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 26.11.2025 (Ashutosh Kumar, CJ) The appellant State has questioned a part of the impugned judgment, alleging that once the administrative order of striking off the period of absence from the duty rendered by the respondent, it has wrongly been observed by the Bench that the respondent shall not be construed to be a new entrant in service after the impugned order dated 21.08.2018 passed by the Disciplinary Authority. Prima-facie such exposition of dies-non is correct. All that which cannot be claimed by the respondent is his subsistence Page No.# 3/3 allowance for the period of dies-non. However, because seniority flows from the actual service rendered, the striking off the days when the respondent did not render his service, shall definitely affect his seniority but without disturbing the jural relationship of master and servant between the employer and the respondent. Since there is no indication at all in the impugned judgment with respect to the seniority of the respondent and the appeal preferred by the respondent qua his entitlements for the subsistence allowance during the period of suspension against the judgment has been dismissed, Mr. D. Nath, learned counsel for the appellants, after some arguments, seeks permission to withdraw this appeal and await for the time when such seniority dispute is ever raised by the respondent. Prayer is allowed. The appeal stands dismissed as withdrawn with the liberty as aforesaid. JUDGE CHIEF JUSTICE Comparing Assistant