Page No.# 1/4 GAHC010039572025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1181/2025 SAMIR BAIDYA @ SAMIR SUKLA BAIDYA AND ANR. S/O- SAILENDRA BAIDYA, R/O- HOUSE NO. 65, TARUN NAGAR MUKHYA PATH, P.O.- DISPUR, P.S.- GEETANAGAR, DIST.- KAMRUP(M), ASSAM, PIN- 781005. 2: JALNUR ALI S/O. BARKAT ULLAH R/O- HOUSE NO. 09 HEDAYATPUR DLSP ROAD NEAR ACEB OFFICE GUWAHATI CLUB SILPUKHURI DIST.- KAMRUP(M) ASSAM PIN- 781003 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF ENVIRONMENT Page No.# 2/4 FOREST AND CLIMATE CHANGE INDIRA PARYAVARAN BHAWAN 6TH FLOOR PRITHVI BLOCK JOR BAGH ALI GANJ NEW DELHI- 110003. 3:THE SPECIAL CHIEF SECRETARY TO THE GOVT. OF ASSAM ENVIRONMENT AND FOREST DEPARTMENT DISPUR GUWAHATI-6. 4:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE ASSAM PANJABARI GHY-37 Advocate for the petitioner(s): Mr. HA Laskar Advocate for the respondent(s): Mr. I Borthakur Standing Counsel Forest Department Mr. SS Roy, CGC B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 05.02.2026 Heard Mr. HA Laskar, the learned counsel appearing on behalf of the petitioner. I have also heard Mr. I Borthakur, the learned Standing Counsel, who Page No.# 3/4 appears on behalf of the Forest Department, Govt. of Assam as well as Mr. SS Roy, the learned CGC, who appears on behalf of the respondents in the Union of India. 2. The grievance of the petitioners herein is that the petitioners have not been granted the benefit of the order dated 31.12.2024 of being promoted to the Indian Forest Service for the select list 2020. The learned counsel appearing on behalf of the petitioners submitted that though the petitioners have retired as on the date on which the order dated 31.12.2024 was passed, but the Government in the Ministry of Environment, Forest and Climate Change have granted benefits of such recommendation for promotion even post retirement by giving notional promotion and in that regard had referred to Annexure-6 to the writ petition. 3. This Court had duly taken note of the order dated 31.12.2024 which no doubt approves the select list for promotion from State Forest Service of Assam -Meghalya Joint Cadre (Assam Segment) to the Indian Forest Service to both the petitioners, but it includes a Clause v in the said order which stipulates that a Certificate has to be given that the Officers are in service as on date. It further appears that in view of the said stipulation the respondents in the Forest Department could not forward the names of the petitioners and resultantly the petitioners have not been granted the benefit. 4. Mr. HA Laskar, the learned counsel appearing on behalf of the petitioners submits that the petitioners would like to withdraw the instant writ petition with a liberty to re-file seeking reliefs sought for in the present writ petition and including a challenge to Clause v contained in the order dated 31.12.2024. 5. Taking into account the above, the instant writ petition, therefore, stands Page No.# 4/4 closed on withdrawal. 6. Liberty, however, is given to the petitioners to again re-file claiming the similar benefits as has been sought for in the instant writ petition provided there is a challenge to Clause v of the order dated 31.12.2024. JUDGE Comparing Assistant