Page No.# 1/3 GAHC010134762022 2025:GAU-AS:498 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/754/2021 NAYANMONI PHUKAN D/O. LT. SASHI KANT PHUKAN VILL. UPPER PATHARI P.O. RANTHALI P.S. SADAR DIST. NAGAON ASSAM PIN-782101. VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-781006. 2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM PUBLIC WORKS ROADS DEPTT. DISPUR GUWAHATI-781006. 3:THE SUPERINTENDING ENGINEER PWD NAGAON ROAD CIECLR NAGAON ASSAM PIN-782001. 4:THE DY. COMMISSIONER NAGAON DISTRICT NAGAON Page No.# 2/3 ASSAM PIN-782001. ------------ Advocate for : MR. P K DAS Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date :20.01.2025 Heard Mrs. P. P. Borah, learned counsel for the petitioner. Also heard Mr. Dilip Mazumdar, learned Addl. Advocate General, Assam, assisted by Mr. R. Dhar, learned Addl. Senior Government Advocate, appearing on behalf of the State Respondents. Mrs. Borah, learned counsel for the petitioner, on instructions, has submitted that he be permitted to withdraw the present writ petition with liberty to the petitioner to present a challenge to the Office Memorandum, dated 18.09.2024, which has, in effect, withdrawn the scheme of compassionate appointment in the State Government services. The above prayer has not been objected to by Mr. Mazumdar, learned Addl. Advocate General, Assam. However, Mr. Mazumdar, learned Addl. Advocate General, Assam, has submitted that the issue as to whether the claim of the petitioner for appointment on compassionate grounds, would mandate a direction for consideration from this Page No.# 3/3 Court, is required to be examined in view of the decision rendered by the Hon'ble Supreme Court in the case of State of W.B. v. Debabrata Tiwari & ors.[reported in (2023) SCC Online SC 219]. In view of the above position, the present writ petition is permitted to be withdrawn with liberty to the petitioner to challenge the provisions of the Office Memorandum, dated 18.09.2024. However, the issue of maintainability of any such writ petition filed, is kept open, and it would be permissible for the respondents to raise the same in the event of filing of any fresh writ petition by the petitioner, herein. With the above observations and liberty, as prayed for; the present writ petition stands dismissed on withdrawal. JUDGE Comparing Assistant