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1994 Supreme(Gau) 165

V.K.KHANNA, S.N.PHUKAN
Pranjit Kumar Das – Appellant
Versus
State of Assam and Ors. – Respondent


Advocates Appeared:
D.P.Chaliha, P.Prasad, D.N.Choudhary, D.K.Saikia, D.C.Mahanta, B.P.Kataki, T.J.Mahanta

S. N. Phiukan, J. —

This appeal is directed against the order of the learned Single Judge dated 13.6.94 passed in Misc. Case No.406 of 1994 arising out of Civil Rule No.1932 of 1993. The above Misc. Case was registered on a petition filed by the private respondent under clause (3) of Article 226 of the Constitu­tion of India for modification/alteration/cancellation of the stay orders passed on 16.7.93 and 17.9.93 in the main Civil Rule. By the above two interim orders the learned Single Judge directed that the 10 (ten) writ petitioners shall not be ousted from service until further orders and by order dated 17.9.93, it was directed that the above order dated 16.7.93 shall continue.

2. The learned Single Judge by the impugned order relying on the relevant law as well as decisions of the Apex Court vacated both the above two interim orders passed in the main Civil Rule and observed that the persons viz private respondent selected by the Public Service Commission shall be duly appointed in accordance with rules. The learned Single Judge also observed that the ten writ petitioners may be absorbed in the department if possible by sympathetically considering their cases as they were servi























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