Page No.# 1/3 GAHC010160852025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) MC/36/2025 UMA KANTA SAIKIA AND ANR S/O. LT. DUTIRAM SAIKIA VILL. AND P.O. BALISATRA P.S. BOTODROVA DIST. NAGAON ASSAM PIN-782001. 2: ASHOK KUMAR TAMULI S/O. LT. MONIRAM TAMULI VILL. AND P.O. PADUMONI P.S. SAMUGURI DIST. NAGAON ASSAM PIN-782140. VERSUS THE STATE OF ASSAM AND ORS THROUGH THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM DEPTT. OF AGRICULTURE DISPUR GUWAHATI-781006. 2:THE DIRECTOR OF AGRICULTURE ASSAM KHANAPARA GUWAHATI-781022. 3:THE DIST. AGRICULTURAL OFFICER NAGAON DISTRICT Page No.# 2/3 ASSAM PIN-782001. 4:THE DIST. SELECTION COMMITTEE FOR PROMOTION OF GRADE-IV EMPLOYEES TO GRADE-III POSTS UNDER AGRICULTURE DEPTT. IN NAGAON DISTRICT REP. BY ITS CHAIRMAN CUM DISTRICT AGRICULTUREAL OFFICER NAGAON DISTRICT NAGAON ASSAM PIN-782001. 5:STRUCKED OFF AS PER ORDER DATED 09.11.2021 GANESH DEY BARUAH 6:SANKAR CHANDRA DEBNATH S/O. LT. GANGACHARAN DEBNATH JUNIOR ASSTT. OFFICE OF THE DISTRICT AGRICULRUTAL OFFICER NAGAON P.O. P.S. AND DIST. NAGAON ASSAM PIN-782001. ------------ Advocate for : MR R K SAHA Advocate for : SC. AGRICULTURE appearing for THE STATE OF ASSAM AND ORS BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER 30.03.2026 Heard Mr. R. Hazarika, learned counsel for the applicant. Also heard Ms. C. Saikia, learned counsel appearing on behalf of Ms. R. Baruah, learned counsel for the respondent nos. 1, 2, 3 and 4. This is an application for restoration of the WP(C)/ 9560/2019 which was dismissed on 28.11.2024 for non-prosecution. Page No.# 3/3 Perused the grounds projected in the application for restoration of the writ petition. It is noticed that the earlier engaged counsel in the writ petition could not appear as the Senior Counsel has given up his legal profession since 2020 and the instructing counsel has also met with an accident which had to be under medical treatment for many days for which they could not appear in the matter when the matter was listed for hearing. The petitioner was not informed as regards the inability of the earlier engaged counsel to appear. Considering that due to fault of the engaged counsel, the petitioner cannot be made to suffer, this Court finds that the reasons put forth by the applicant for restoration to be germane. Thus, the writ petition is deserved to be restored. Accordingly, the same is allowed to be restored subject to a payment of cost of Rs.5,000/- (Rupees Five Thousand) which shall be deposited in the Registry in the name of Gauhati High Court Bar Association Welfare Fund. Misc Application accordingly stands disposed of. JUDGE Comparing Assistant