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GAHC010094432024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/2532/2024 BANAJIT DEKA AND 3 ORS

S/O- LATE RAMCHARAN DEKA, R/O- SARUPETA, P.O. SARUPETA, P.S.

PATACHARKUCHI, PIN- 781318, DIST.- BARPETA, ASSAM

2: GARIYASHI TAMULY D/O- DHRUBA JYOTI TAMULY R/O- GUWAHATI

P.O. SACHIVALAYA P.S. DISPUR PIN- 781006

DIST.- KAMRUP (M)

ASSAM

3: BANASMITA BARMAN D/O- SASHI KANTA BARMAN

R/O- GOPAL BAZAR P.S. NALBARI PIN- 781353

DIST.- NALBARI ASSAM

4: BIKASH J. GHARPHALIA D/O- BINU CH. GHARPHALIA

R/O- KODOMONI GAON P.O. CHABUA P.S. CHABUA

PIN- 786184 DIST.- KAMRUP

ASSA

VERSUS UNION OF INDIA AND 3 ORS

THROUGH SECRETARY MINISTRY OF FINANCE DEPARTMENT OF

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EXPENDITURE AT- NORTH BLOCK, NEW DELHI- 110001

2:INDIAN METEROLOGICAL DEPARTMENT REPRESENTED THROUGH ITS DIRECTOR GENERAL OF METEROLOGY AT-

MAUSAM BHAVAN LODHI ROAD

NEW DELHI- 110003

3:INDIAN COUNCIL OF AGRICULTURAL RESEARCH REPRESENTED THROUGH ITS DIRECTOR GENERAL

AT- KRISHI ANUSANDHAN BHAVAN-I PUSA NEW DELHI- 110001

4:ASSAM AGRICULTURAL UNIVERSITY JORHAT REPRESENTED THROUGH ITS REGISTRAR JORHAT- 78501

Advocate for the Petitioner : MR S BORTHAKUR, MR A TALUKDAR,MR. B J TALUKDAR,MR. DITUL DAS,MR. M ALOM,MR. M BARUAH,MR P K DAS

Advocate for the Respondent : DY.S.G.I., MR. R K D CHOUDHURY ( DEPUTY SOLICITOR GENERAL OF INDIA),MR. R K D CHOUDHURY( DEPUTY SOLICITOR GENERAL OF INDIA),SC, AAU

BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

01/04/2026 Heard Mr. D Das, learned counsel for the petitioners. Also heard Mr. R K D Choudhury,

learned D.S.G.I. appearing for the respondent Nos. 1 & 2 and Mr. I Borthakur, learned Standing counsel, Assam Agricultural University for the respondent No. 4.

2. The petitioners have filed the present writ petition with the following prayers:

a) A writ in the nature of Certiorary and/or any other appropriate writ, order or direction of like nature should not be issued setting aside and quashing the impugned order dated 17/01/2024 and 22/02/2024 whereby the petitioners have

been released/terminated from their respective service.

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b) And/or to show cause as to why a writ in the nature of Mandamus or any other appropriate writ, order or direction of like nature show not be issued directing the respondent authority not to give effect to the orders dated 17/01/2024 and 22/04/2024 and/or to allow the petitioners to continue in their respective posts till

31/03/2026.

3. As the petitioners, herein, in terms of the interim directions passed by this Court in the present proceeding, have continued in their respective services till 31.03.2026, in terms of the reliefs prayed for, by the present petitioners in the writ petition, it is seen that the reliefs,

as sought for, has already been received by the petitioners in the matter.

4. Accordingly, no live issue arising in the present writ petition for adjudication by this Court, the present writ petition stands closed on having become infructuous.

5. However, it being brought to the notice of this Court that the petitioners, herein, have instituted another writ petition, being WP(C) No. 1705/2026, praying for continuation of the petitioners beyond 31.03.2026, this Court observes that upon closure of the present writ petition, the rights of the petitioners for continuation against the Scheme in question, shall be

subject to the outcome of the above noted writ petition, i.e., WP(C) No. 1705/2026.

JUDGE

Comparing Assistant