Page No.# 1/20 GAHC010081382019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2545/2019 BIMAL CHANDRA DAS AND 36 ORS. S/O LT. NIBARAN DAS, KHALASI, DATE OF JOINING 01.01.1987 UNDER SILCHAR PHE DIVISION-II, R/O VILL. NETAJI PALLI TULARGRAM PART-II, P.O SONAIMUKH, DIST.-CACHAR, ASSAM, PIN-788119 2: MUSLEH UDDIN BARBHUIYA S/O LT. KIRAMAT ALI BARBHUIYA KHALASI DOJ- 01.12.1990 UNDER SILCHAR PHE DIVISION-II R/O VILL. RANGIRGHAT PART-III P.O- AMJURGHAT DIST.-CACHAR ASSAM PIN-788119 3: ABDUL MANAN BARBHUIYA S/O LT. REHIM UDDIN BARBHUIYA KHALASI DOJ-01.05.1991 UNDER SILCHAR PHE DIVISION-II R/O VILL. DAKHINMOHANPUR PART-VII PO DAKHINMOHANPUR DIST. CACHAR ASSAM PIN-788119 4: MAKSUD ALOM BARBHUIYA S/O LT. HAJI SAFIQUE UDDIN BARBHUIYA KHALASI UNDER SILCHAR PHE-DIVISION-II DOJ-01.09.1990 R/O VILL. MAZIRGRAM P.O SONAIMUKH DIST. CACHAR ASSAM Page No.# 2/20 PIN-788119 5: SHILPI PURKAYASTHA W/O SANDIP PURKAYASTHA KHALASI DOJ-01.01.1987 UNDER SILCHAR PHE DIVISION-II R/O MADHYASHREE LANE CHENKOORI ROAD SILCHAR DIST.CACHAR ASSAM PIN-788004 6: DEBASISH BHATTACHARJEE S/O LATE PRASUN NATH BHATTACHARJEE KHALASI DOJ-11.06.1987 UNDER SILCHAR PHE DIVISION-II R/O MOULIBI ROAD AMBIKAPATTY SILCHAR DIST. CACHAR ASSAM PIN-788004. 7: SUBASISH GUPTA S/O LATE GYNENDRA GUPTA KHALASI UNDER SILCHAR PHE DIVISION-III DOJ-01.01.1987 R/O N S AVENUE RANGIRKHARI SILCHAR DIST. CACHAR ASSAM PIN-788005. 8: SAJAL KUMAR DAS S/O LATE LABANYA KUMAR DAS KHALASI UNDER SILCHAR PHE-DIVISION-II DOJ-01.03.1993 R/O VILL. TULAGRAM PART-II PO SONAIMUKH DIST. CACHAR ASSAM PIN-788119. 9: SUJIT CHANDRA DAS S/O LATE SURESH CHANDRA DAS KHALASI UNDER SILCHAR PHE-DIVISION-II DOJ-01.03.1993 Page No.# 3/20 R/O VILL. TULAGRAM PART-II PO SONAIMUKH DIST. CACHAR ASSAM PIN-788119. 10: L. NILMOHAN SINGHA S/O LATE L GOBINDA SINGHA KHALASI UNDER SILCHAR DIVISION-II DOJ-07.11.1988 R/O VILL. BONTARAPUR PO SUNDARI PART-III DIST. CACHAR ASSAM PIN-788099. 11: SALIM UDDIN LASKAR S/O LATE KHALIL UDDIN LASKAR KHALASI SILCHAR DIVISION-II DOJ-01.06.1991 R/O VILL AND PO DAKHINMOHANPUR PART-VII DIST. CACHAR ASSAM PIN-788119. 12: RAHIM UDDIN LASKAR S/O LATE HARUN RASHID LASKAR KHALASI DILCHAR PHE-DIVISION-I DOJ-08.07.1987 R/O VILL. WEST JARAILTALA PO JARAILTALA BAZAR DIST. CACHAR ASSAM PIN-788127. 13: MAHBUB HUSSAIN BARBHUIYA S/O LATE MATAHIR ALI BARBHUIYA KHALASI UNDER SILCHAR PHE DIVISION-I DOJ-06.01.1987 R/O VILL. GONIRGRAM PART-III PO MAHADEBPUR DIST. CACHAR ASSAM. 14: MD. SUPRIYO DAS Page No.# 4/20 S/O LATE SUKHAMOY DAS KHALASI UNDER SILCHAR PHE DIVISION-I DOJ-03.01.1987 R/O NATIONAL HIGHWAY ROAD SILCHAR PO RANGIRKHARI DIST. CACHAR ASSAM PIN-78805. 15: SUKLA KUMAR DAS S/O LATE SASHIMOHAN DAS KHALASI UNDER SILCHAR PHE-DIVISION-I DOJ-01.01.1987 R/O VILL AND PO KANAKPUR PART-II DIST. CACHAR ASSAM PIN-788005. 16: TAPOSHI BHATTACHARJEE W/O LATE SAMUAL KASHYAP KHALASI UNDER SILCHAR DIVISION-I DOJ-04.04.1987 R/O CHENKOORI ROAD MADHYASHREE LANE BYE LANE-1 SILCHAR DIST. CACHAR ASSAM PIN-788004. 17: KH. SANTI KUMAR SINGHA S/O KH. GOPI MOHAN SINGHA KHALASI UNDER SILCHAR PHE-DIVISION-II DOJ-01.01.1987 R/O VILL BINNAKANDI PART-I PO BINNAKANDI GHAT DIST. CACHAR ASSAM PIN-788111. 18: K MERATON SINGHA S/O LATE K DEBOCHAND SINGHA KHALASI UNDER SILCHAR PHE-DIVISION-II DOJ-01.02.1993 R/O VILL AND PO SINGERBOND Page No.# 5/20 DIST. CACHAR ASSAM. PIN-788111. 19: R.K. MANI SANA SINGHA S/O LATE RK KAMALA SANA SINGHA KHALASI UNDER SILCHAR PHE-DIVISION-II DOJ-01.01.1987 R/O VILL. AND PO KAPTANPUR PART-XVIII (BIBIRGRAM) DIST. CACHAR ASSAM PIN-788119. 20: MOLAY KANTI NATH S/O LATE MATILAL NATH KHALASI UNDER PHE- SILCHAR DIVISION-II DOJ-01.01.1987 R/O VILL RUPAGRAM PO BIDYANAGAR DIST. KARIMGANJ ASSAM 21: SHYAMSUNDAR GOALA S/O SRI RAMKRISHNA GOALA KHALASI SILCHAR PHE-DIVISION-II DOJ-01.03.1993 R/O VILL. PALOIBASTI PO PALOI DIST. CACHAR ASSAM PIN-788119 22: PRADIP KUMAR DEB S/O LATE PRABHAT CHANDRA DEY PEON UNDER SILCHAR PHE DIVISION-II DOJ-16.09.1986 R/O MM ROAD (SONAI ROAD) SILCHAR DIST. CACHAR ASSAM PIN- 23: SURAJIT KANTI DHAR S/O LATE SUBUDH RANJAN DHAR KHALASI UNDER SILCHAR DIVISION-I DOJ-01.01.1987 R/O VIVEKANANDA ROAD LANE-16 Page No.# 6/20 SILCHAR DIST. CACHAR ASSAM PIN-788007. 24: APU CHANDA S/O LATE MONORANJAN CHANDA KHALASI UNDER SILCHAR DIVISION-I DOJ-01.01.1987 R/O LINK ROAD LANE NO.9 HOUSE NO.5 SILCHAR DIST. CACHAR ASSAM PIN-788006. 25: BIDYADHAR HAZAM S/O LATE RAM SWARUP HAZAM KHALASHI UNDER SILCHAR DIVISION-II DOJ-06.01.1987 R/O VILL AND PO CHUTOJALENGA DIST. CACHAR ASSAM PIN-788113. ADDRESS OF CORRESPONDENCE- C/O SRI BIMAL CHANDRA DAS VILL. NETAJI PALLI TULARGRAM PART-II P.O. SONAIMUKH DIST.-CACHAR ASSAM PIN-788119 26: GIBENDU CHAKRABORTY S/O SRI JITENDRA KR. CHAKRABARTY KHALASI UNDER KARIMGANJ PHE DIVISION DOJ-18.11.1987 R/O VILL AND PO NILAM BAZAR DIST. KARIMGANJ ASSAM PIN-788722. ADDRESS OF CORRESPONDENCE- C/O SRI BIMAL CHANDRA DAS VILL. NETAJI PALLI TULARGRAM PART-II P.O. SONAIMUKH DIST.-CACHAR ASSAM PIN-788119 27: LAKSHMI KANTI DAS S/O LATE RAMESH CHANDRA DAS KHALASI UNDER KARIMGANJ PHE Page No.# 7/20 DOJ-21.11.1987 R/O VILL SRI KRISHNA NAGAR PO NILAM BAZAR DIST. KARIMGANJ ASSAM PIN-788722. ADDRESS OF CORRESPONDENCE- C/O SRI BIMAL CHANDRA DAS VILL. NETAJI PALLI TULARGRAM PART-II P.O. SONAIMUKH DIST.-CACHAR ASSAM PIN-788119 28: FAKHAR UDDIN S/O LATE MOJAHID ALI KHALASI UNDER KARIMGANJ PHE DIVISION DOJ-09.01.1987 R/O VILL AND PO PANIGHAT ASSAM PIN-788709. ADDRESS OF CORRESPONDENCE- C/O SRI BIMAL CHANDRA DAS VILL. NETAJI PALLI TULARGRAM PART-II P.O. SONAIMUKH DIST.-CACHAR ASSAM PIN-788119 29: REDWAN UDDIN CHOUDHURY S/O SUFIAN UDDIN CHOUDHURY KHALASI UNDER KARIMGANJ PHE DIVISION DOJ-22.07.2005 R/O VILL. BHAGIRKHELA PO NILAMBAZAR KARIMGANJ ASSAM PIN-788722.ADDRESS OF CORRESPONDENCE- C/O SRI BIMAL CHANDRA DAS VILL. NETAJI PALLI TULARGRAM PART-II P.O. SONAIMUKH DIST.-CACHAR ASSAM PIN-788119 30: PORITOSH CHAKRABORTY S/O LATE PRANESH RANJAN CHAKRABARTY KHALASI UNDER KARIMGANJ PHE DIVISION DOJ-13.12.1989 R/O GIRISH ROAD Page No.# 8/20 TARAPUR SILCHAR DIST. CACHAR ASSAM PIN-788003. ADDRESS OF CORRESPONDENCE- C/O SRI BIMAL CHANDRA DAS VILL. NETAJI PALLI TULARGRAM PART-II P.O. SONAIMUKH DIST.-CACHAR ASSAM PIN-788119 31: AJMAL ALI S/O LATE ATTAR ALI KHALASI UNDER KARIMGANJ PHE DIVISION DOJ-13.12.1989 R/O VILL BADARPUR KUNAPARA AND PO BADARPUR DIST. KARIMGANJ ASSAM PIN-788806. ADDRESS OF CORRESPONDENCE- C/O SRI BIMAL CHANDRA DAS VILL. NETAJI PALLI TULARGRAM PART-II P.O. SONAIMUKH DIST.-CACHAR ASSAM PIN-788119 32: SUBRATA KUMAR DHAR S/O LATE SUDHANGSHU MOHAN DHAR KHALASI UNDER HAILAKANDI PHE DIVISION DOJ-19.12.1991 R/O VILL AND PO DHARIARGHAT DIST. HAILAKANDI ASSAM PIN-788155. ADDRESS OF CORRESPONDENCE- C/O SRI BIMAL CHANDRA DAS VILL. NETAJI PALLI TULARGRAM PART-II P.O. SONAIMUKH DIST.-CACHAR ASSAM PIN-788119 33: PANKAJ KUMAR SHARMA S/O LATE PRAFULLA KUMAR SARMA KHALASI UNDER HAILAKANDI PHE DIVISION DOJ-10.09.1984 R/O LAKSHMI SAHAR ROAD Page No.# 9/20 WARD NO.7 HAILAKANDI ASSAM PIN-788155. ADDRESS OF CORRESPONDENCE- C/O SRI BIMAL CHANDRA DAS VILL. NETAJI PALLI TULARGRAM PART-II P.O. SONAIMUKH DIST.-CACHAR ASSAM PIN-788119 34: BIPRADAS SHARMA PURKAYASTHA S/O LATE BRAJENDRA KR. PURKAYASTHA KHALASI UNDER HAILAKANDI PHE DIVISION DOJ-03.02.2005 VILL AND PO RANGAUTI HAILAKANDI ASSAM PIN-788158. ADDRESS OF CORRESPONDENCE- C/O SRI BIMAL CHANDRA DAS VILL. NETAJI PALLI TULARGRAM PART-II P.O. SONAIMUKH DIST.-CACHAR ASSAM PIN-788119 35: PRANGOPAL BANIK S/O LATE BISWAMBAR BANIK KHALASI UNDER HAILAKANDI PHE DIVISION DOJ-05.12.1992 R/O VILL RANGABACK PART-II PO KATLICHERRA DIST. HAILAKANDI ASSAM PIN-788161. ADDRESS OF CORRESPONDENCE- C/O SRI BIMAL CHANDRA DAS VILL. NETAJI PALLI TULARGRAM PART-II P.O. SONAIMUKH DIST.-CACHAR ASSAM PIN-788119 36: ABDUL NOOR LASKAR S/O LATE MOYAR ALI LASKAR KHALASI UNDER HAILAKANDI PHE DIVISION DOJ-13.09.1984 VILL AND PO NIMAI CHANDPUR DIST. HAILAKANDI ASSAM PIN-788161. ADDRESS OF CORRESPONDENCE- C/O SRI BIMAL CHANDRA Page No.# 10/20 DAS VILL. NETAJI PALLI TULARGRAM PART-II P.O. SONAIMUKH DIST.-CACHAR ASSAM PIN-788119 37: MUJIBUR REHMAN BARBHUIYA S/O LATE MOSUR ALI BARBHUIYA KHALASI UNDER HAILAKANDI PHE DIVISION DOJ-05.12.1992 R/O VILL DHOLAI PART-VI PO DHOLAI SOUTH DIST. HAILAKANDI ASSAM 788155. ADDRESS OF CORRESPONDENCE- C/O SRI BIMAL CHANDRA DAS VILL. NETAJI PALLI TULARGRAM PART-II P.O. SONAIMUKH DIST.-CACHAR ASSAM PIN-78811 VERSUS THE STATE OF ASSAM AND 8 ORS. REP. BY THE COMMISSIONER AND SECRETARY, TO THE GOVT. OF ASSAM, DEPTT. OF PUBLIC HEALTH ENGINEERING, ASSAM CIVIL SECRETARIAT, DISPUR, GUWAHATI, ASSAM PIN-781006 2:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING (WATER) ASSAM HENGARABARI GUWAHATI ASSAM PIN-781036. 3:THE ADDITIONAL CHIEF ENGINEER PHE BARAK VALLEY ZONE SILCHAR GUNGUR DIST. CACHAR ASSAM PIN-788014. 4:THE SUPERINTENDENT ENGINEER PHE CACHAR CIRCLE Page No.# 11/20 SILCHAR CACHAR ASSAM PIN-788014. 5:THE SUPERINTENDENT ENGINEER PHE HAILAKANDI CIRCLE HAILAKANDI ASSAM 6:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING SILCHAR DIVISION-I KANAKPUR ROAD SILCHR DIST. CACHAR ASSAM PIN-788005. 7:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING SILCHAR DIVISION-II HOSPITAL ROAD SILCHR DIST. CACHAR ASSAM PIN-788005. 8:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING HAILAKANDI DIVISION DIST. HAILAKANDI ASSAM PIN-788005. 9:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING KARIMGANJ DIVISION SETTLEMENT ROAD DIST. KARIMGANJ ASSAM PIN-788005. 10:SRI RATHINDRA CHAKRABORTY 35 YEARS S/O LATE RATISH CH CHAKRABORTY Page No.# 12/20 R/O- R.C. DAS LANE RADHA MADHAB ROAD UNDER SILCHAR POLICE STATION IN THE DISTRICT OF CACHAR SILCHAR-7885 ASSAM. 11:MOIN UDDIN CHOUDHURY 37 YEARS S/O-ROWAB ALI CHOUDHURY R/O VILL-UDHARBOND UNDER UDHARBOND POLICE STATION IN THE DISTRICT OF CACHAR SILCHAR ASSAM 12:SRI PRASAD KUMAR ROY 33 YEARS S/O LATE PRASANTA KUMAR ROY R/O KULENDRA ABASAN KALIMOHON ROAD TARAPUR UNDER SILCHAR POLICE STATION IN THE DISTRICT OF CACHAR SILCHAR-788003. 13:NG. BROJOLAL SINGHA S/O LT. BASANTA SINGH R/O VILL-RAM NAGAR UNDER UDHARBOND POLICE STATION IN THE DISTRICT OF CACHAR ASSAM. 14:SANJIB KR. ROY S/O LATE SATYA RANJAN ROY R/O VILL- RAM NAGAR UNDER LAKIPUR POLICE STATION IN THE DISTRICT OF CACHAR SILCHAR Page No.# 13/20 ASSA Advocate for the Petitioner : MR. A K DUTTA, MR. B PURKAYASTHA Advocate for the Respondent : SC, P H E, MR. M. K. DAS, (R-10-14) Linked Case : WP(C)/56/2019 R.K.MANI SANA SINGHA S/O- LATE R K KAMALA SANA SINGHA R/O- VILL AND P.O- KAPTANPUR PT- 18 P.S- LAKHIPUR DIST- CACHAR ASSAM PIN- 788119 VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE SECRETARY TO THE GOVT OF ASSAM GENERAL ADMINISTRATION (B) DEPTT DISPUR GUWAHATI- 781006 2:THE CHIEF ENGINEER PHED HENGRABARI GUWAHATI- 781036 3:THE ADDITIONAL CHIEF ENGINEER PHED BARAK VALLEY ZONE GHUNGOOR SILCHAR CACHAR 4:THE SUPERINTENDING ENGINEER PHED CACHAR CIRCLE SILCHAR 5:THE EXECUTIVE ENGINEER Page No.# 14/20 PHED SILCHAR DIV-II SILCHAR ASSAM 6:SRI RATHINDRA CHAKRABORTY S/O LATE RATISH CH. CHAKRABORTY R.C. DAS LANE RADHA MADHAB ROAD UNDER SILCHAR POLICE STATION IN THE DISTRICT OF CACHAR SILCHAR - 788005 7:MOIN UDDIN CHOUDHURY S/O ROWAB ALI CHOUDHURY VILL.- UDHARBOND UNDER UDHARBOND POLICE STATION IN THE DISTRICT OF CACHAR SILCHAR ASSAM. 8:SRI PRASAD KUMAR ROY S/O LATE PRASANTA KUMAR ROY KULENDRA ABASAN KALIMOHAN ROAD TARAPUR UNDER SILCHAR POLICE STATION IN THE DISTRICT OF CACHAR SILCHAR- 78803 9:NG. BROJOLAL SINGH S/O LATE BASANTA SINGH VILL.- RAM NAGAR UNDER UDHARBOND POLICE STATION IN THE DISTRICT OF CACHAR ASSAM. 10:SANJIB KR. ROY S/O LATE SATYA RANJAN ROY VILL.- RAM NAGAR UNDER LAKHIPUR POLICE STATION IN THE DISTRICT OF CACHAR SILCHAR ASSAM ------------ Advocate for : MR. S BANIK Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS Page No.# 15/20 Linked Case : WP(C)/1452/2020 RUPALI SAIKIA AND ANR. W/O AKSHAY SINGHA KUMAR R/O VILL. JYOTINAGAR WARD NO. 6 P.O. ARADHAL DIST. DHEMAJI PIN-787057 2: PRANATI GOHAIN BARUAH W/O HEMEN HANDIQUE R/O VILL. WARD NO. 1 DHEMAJI TINIALI PIN-787057 VERSUS THE STATE OF ASSAM AND 3 ORS. REP. BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PUBLIC HEALTH ENGINEERING DEPTT. DISPUR GUWAHATI-781006 2:THE CHIEF ENGINEER (PHE) WATER ASSAM HENGRABARI GUWAHATI-36 3:THE SUPERINTENDENT ENGINEER (PHE) NORTH LAKHIMPUR CIRCLE P.O NORTH LAKHIMPUR PIN-787001 4:THE EXECUTIVE ENGINEER (PHE) DHEMAJI DIVISION DHEMAJI P.O. DHEMAJI PIN-787057 ------------ Advocate for : MR. S K GHOSH Advocate for : SC P H E appearing for THE STATE OF ASSAM AND 3 ORS. Page No.# 16/20 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 22.07 .2025 Heard Mr. B. Purkayastha, learned counsel for the petitioners in WP(C) No. 56/2019 and Mr. S. Banik, learned counsel for the petitioners in WP(C) No. 1452/2020. Also heard Mr. I. Borthakur, learned Standing Counsel for the PHE Department and Mr. M.K. Das, learned counsel for the private respondent Nos. 10 to 14. These writ petitions are filed by the petitioners who are serving as Grade- IV Khalasi in various divisions under the Public Health Engineering Department, Government of Assam. The claim of the petitioners before this Court is that they are required to be regularized as they have attained the eligibility criteria for the regularization. They having satisfied all the criteria laid down by the Rules, they are required to be considered for promotion to the next higher post which is LDA. Their claims stood rejected on the ground that since the petitioners were appointed on personal posts, they cannot be considered to be the members of the cadre entitling them for consideration for promotion to the next higher post of LDA. The parties have exchanged their pleadings and while the matter is pending before the Court a Writ Appeal being No.5/2024 arising out of an order dated 22.09.2023 passed by the Co-ordinate bench in WP(C) No. 5589 of 2023 came to be decided. Page No.# 17/20 The Co-ordinate bench by order dated 22.09.2023 passed in WP(C) No.5589 of 2023 rejected the claims of similarly situated persons as petitioners before the Court and declined the prayer on the ground that since those petitioners were holding ex-cadre posts, they are not entitled to be considered for promotion on the post of LDA. Being aggrieved Writ Appeal being No. 5 of 2024 was filed and this writ appeal came to be disposed of on 14.05.2025. By the following order disposed of the writ appeal: “This writ appeal is filed by the appellants being aggrieved by the order dated 22.09.2023 passed by the learned Single Judge in WP(C) No. 5589/2023, whereby the prayer made by the appellants before the writ court, for directing the State respondents to consider their candidature for promotion on the posts of Lower Division Assistant (LDA), has been declined on the ground that since the appellants are holding ex-cadre posts and not holding any en-cadre posts, they are not entitled to be considered for promotion on the post of LDA. While coming to the said conclusion, the learned Single Judge has relied upon the decision of the Divison Bench of this Court, rendered in the case of Dilip Talukdar and 21 Others vs. State of Assam and Others, reported in 2017 2 (GLT) 135. Learned counsel for the appellants has submitted that though the Division Bench of this Court has held that a person holding an ex-cadre post cannot be considered for promotion on a higher post, but despite this fact the State Government has granted promotion to several other persons on promotional posts who were working against ex-cadre posts. Learned counsel for the appellants has therefore submitted that after passing of the impugned order, the appellants have already approached the State Government with the prayer for en-cadrement of their posts and their prayer is pending consideration with the Government. Learned counsel has submitted that this Court may be pleased to make an observation that the dismissal of the writ petition filed by the appellants will not affect the right of the appellants for consideration of their prayer for en- cadrement of the posts, which they are holding, and the State Government should to take a decision without being influenced by the impugned order passed by the writ court. Learned counsel appearing for the respondents has no objection if such an observation is made by this Court while disposing of this writ appeal. Page No.# 18/20 In the above facts and circumstances of the case, this writ appeal is disposed of with the observation that if the case of the appellants for encadrement of their posts is pending consideration with the State Government and has not been decided till date, the State Government shall take a decision on the matter without being influenced by the impugned order passed by the learned Single Judge in WP(C) No. 5579/2023.” The learned counsel for the parties before this Court submit that the present proceedings can also be closed in terms of the order dated 14.05.2025 passed by the Appellate Court in Writ Appeal No.5/2024 by granting liberty to the petitioners to approach the department to consider their claims towards en- cadrement of their posts. Having heard the learned counsel for the parties and upon perusal of the pleadings available on record, it is seen that the grievance ventilated by the petitioners before the Court in the present proceedings is their non- consideration for promotion to the next higher post of LDA as the posts are considered to be ex-cadre as well as their eligibility for being considered in view of the amendment incorporated in the education qualifications by the amendment to the Rules dated 15.10.2015, whereby the educational qualifications were enhanced from HSSLC to Graduation. It is submitted by the learned counsel for the petitioners that the writ petitioners before this Court are all HSSLC/Higher Secondary passed. Therefore, the question which the petitioners seek to urge before the Court is whether the petitioners having been regularized prior to the amendment being made, whether amended the educational qualifications would be applicable to them for consideration of their claims for promotion to the next higher post of LDA. Page No.# 19/20 Mr. M.K. Das on the other hand appearing for private respondent Nos. 10 to 14 submits that this issue has already been decided by the government, wherein the educational qualifications necessary for being considered for promotion to the post of LDA is laid down under the amendment dated 15.10.2015 and therefore, no further decision is called for by the Government. The learned counsel for the petitioners on the other hand submits that this decision of the government is also challenged in the present proceedings. Mr. I. Borthakur, learned Standing Counsel, PHE Department submits that at this stage, the question to be decided in the present proceeding is the en- cadrement of the writ petitioners by the department, in view of the order dated 14.05.2025 passed in Writ Appeal No.5 of 2024 Having heard the learned counsel for the parties and upon careful perusal of the pleadings available on record, including the order dated 14.05.2025 passed in Writ Appeal No.5/2024 it appears that the first issue to be decided in so far as the writ petitioners are concerned is whether their services is regularized as Grade-IV Khalasi in the various divisions of PHED are first required to be en-cadred to enable them to claim for promotion to the next higher post. Since the petitioners before this Court submit that the writ petition at this stage can be disposed of in terms of the order dated 14.05.2025 passed in Writ Appeal No.5 of 2024, considering the submission made, this Court does not wish to proceed in the matter for deciding this issue. Accordingly, without expressing Page No.# 20/20 anything on merit these writ petitions are disposed of permitting the petitioners to file individual representations before the PHED for considering their claims for being en-cadred into the regular cadre of the PHED Department and thereafter, the department will consider their individual claims for promotion to the next higher post of LDA. Since these writ petitions are disposed of in terms of the orders passed in Writ Appeal No. 5/2024 vide order dated 14.05.2025, the question whether the amendments made to the Rules in respect of the educational qualifications w.e.f. 15.10.2015 would be applicable is also not decided in the present proceedings. The department, after passing an effective order on the question of en- cadrement of the petitioners, will further pass necessary orders, if required for considering the claims of the petitioners for promotion to the next higher post of LDA. With the above observations, these writ petitions stand closed and disposed of. Interim order, if any, stands vacated. Pending Interlocutory Application, if any, is also dismissed. JUDGE Comparing Assistant