Page No.# 1/4 GAHC010008882025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./5/2025 BISWA DEV GOSWAMI SON OF LATE KUMUD GOSWAMI VILL- AND P.O. MONIARY TINIALI, MIRZA, DIST. KAMRUP, ASSAM,PIN- 781125. VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-6. 2:THE COMMISSIONER AND SPECIAL SECRETARTY TO THE GOVT. OF ASSAM PUBLIC WORKS DEPARTMENT DISPUR GUWAHATI-6. 3:THE CHIEF ENGINEER ROADS PUBLIC WORKS DEPARTMENT ASSAM CHANAMARI GUWAHATI-3. 4:THE EXECUTIVE ENGINEER ROADS PUBLIC WORKS DEPARTMENT ASSAM CHANDMARI GUWAHATI-3 Advocate for the Petitioner : MR. N DEKA, MR. S BANIKYA,MR. M GOGOI Advocate for the Respondent : SC, PWD, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 15.09.2025 Heard Mr. KN Choudhury, learned Senior Counsel assisted by Mr. N Deka, learned counsel for the review petitioner and Mr. R Dhar, learned Standing Counsel, PWD. 2. This review petition is directed against the order dated 07.09.2023 passed in WP(C) no.532/2012, WP(C) no.520/2012 and WP(C) No.521/2012. All these 3 (three) writ petitions came to be disposed of by the common order dated 07.09.2023 recording the submissions of the learned counsel on record for the writ petitioners that the writ petitioners are no longer interested in pursuing the matters. These writ petitions were thereafter closed and the interim orders were vacated. 3. Subsequently, this review petition has been filed by one Shri Biswa Dev Goswami, who was the petitioner no.2 in WP(C) no.520/2012. It is submitted that because of communication gap such submissions came to be made by the learned Counsel for the petitioners. The submissions made by the learned counsel for the parties on record were infact in respect of Shri Nirmal Konwar, the petitioner in WP(C) no.532/2012, Shri Akhtar Ali petitioner no.1 in WP(C) no.520/2012 who had in the meantime being promoted to the post of Assistant Executive Engineer, and Shri Pulin Medhi, the writ petitioner in WP(C) no.521/2012, who had superannuated in the meantime. However, as regards Shri Biswa Dev Goswami, who is the petitioner no.2 in WP(C) No.520/2012 and the present Review Petitioner, his claims made in this writ petition are still alive Page No.# 3/4 as he is still in service and his case has not been considered for promotion to the next higher post i.e. the post of Assistant Executive Engineer. It is submitted by the learned Senior Counsel for the review petitioner that since the instructions to the advocate on record was forthcoming primarily from one of the writ petitioners, namely, Shri Nirmal Konwar and the counsel on record for the writ petitioners was instructed that the writ petitioners were not interested in pursuing the writ petitions. The learned counsel for the petitioners on such instructions submitted before the Court and on the basis of which the order dated 07.09.2023 came to be passed closing of all the writ petitions. Subsequently, the learned counsel was informed that the present review petitioner, namely, Shri Biswa Dev Goswami had not given up his challenge made in his writ petition, being WP(C)No.520/2012 and therefore, the order dated 07.09.2023 may be recalled in respect of Shri Biswa Dev Goswami, the writ petitioner no.2 in WP(C) no.520/2012. 4. Mr. R Dhar, learned Standing Counsel for the PWD does not object to the prayer made. 5. Considering the submissions made before the Court and upon perusal of the averments in the review petition, this Court considers it appropriate to recall the order dated 07.09.2023, but only in respect of WP(C) No. 520/2012. The said writ petition shall be restored to its original file and shall now be listed for hearing before the Court. It is made clear that, in the said writ petition, only the claims made in respect of writ petitioner No. 2, Shri Biswa Dev Goswami, shall be considered at the time of hearing. 6. The order dated 07.09.2023 passed in WP(C) no. 520/2012 therefore stands modified to the extent indicate above. The order dated 07.09.2023 passed in WP(C) no.520/2012 shall now be read along with the order passed today in Page No.# 4/4 Review Petition no.5 of 2025. 7. A copy of this order be brought to the notice of the Registrar (Judicial). 8. Accordingly, the review petition stands disposed of. JUDGE Comparing Assistant