WP(C) 1041/2009 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA. Heard Mr. I. Hussain, learned counsel for the petitioners as well as Mr. M. Choudhury, learned Standing Counsel, D.L.R. Although by order dated 31.1.2011, Ms R. Chakraborty, learned State coun sel was requested to obtain instructions, but not to speak of obtaining any inst ructions, she has not made any submission. By means of this writ petition, the petitioner has prayed for a directio n to the respondents to absorb them in Grade-III and Grade-IV post. The prayer s o made is on account of their engagement in settlement operation in the district s of Dhubri and Kokrajhar. According to the petitioners, they were engaged to ca rry out the settlement work during the period from 1973 to 1997. Although the se ttlement operation was to be over by 31.12.2008 but subsequently, it was extende d up-to 28.2.2009. It is the further stand of the petitioners that irrespective of such extension up-to 28.2.2009, they are still working under the respondents pursuant to their engagement for the particular settlement works. There is no dispute that the petitioner were appointed for the particula r job i.e. the settlement operation, which was to come to an end on 31.12.2008 s ubsequently extended up-to 28.2.2009. Apprehending their termination of service with the closure of the settlement work, they have filed this writ petition clai ming absorption in regular service. In the counter affidavit filed by the Joint Secretary to the Government of Assam in the Revenue & Disaster Management Department, it has been stated thu s :- 4. That with regard to the statements made in paragraph 13 of the petition, it is stated that the list of 107 employees received from the Settlement Offic er, Dhubri and Kokrajhar is under process. The Govt. has already moved the Gener al Administration Department vide File No.RSS.871/2005 for issue of necessary in struction to the Deputy Commissioners of Assam so that the employees other than Additional mondals/Amin/Patowari of the Settlement Offices of Assam can be absor bed in the amalgamated establishment of the Deputy Commissioners against the ava ilable vacancies. 6. That with regard to the statements made in paragraph 15 of the petition, the deponent begs to state that this department videNo.RSS.748/2008/7 dated 19. 9.08 requested the concerned Deputy Commissioners to absorb all the staff of the Settlement Offices i.e. UDA, LDA, Mondal, Driver, Grade-IV etc. against the vac ant posts in the amalgamated establishment of the Deputy Commissioner’s office. Moreover, General Administration Department has been moved to issue similar ins truction to all the Deputy Commissioners in this regard. 7. That with regard to the statements made in paragraph 16, 22, 24 and 25 o f the petition, the deponent states that this department has already moved the G eneral Administration Department vide file No.RSS.871/2005 for issue of necessar y instruction to the Deputy Commissioners of Assam so that the employees other than Additional Mondols/Amin/Patowari of the Settlement Offices of Assam can be absorbed in the amalgamated establishment of the Deputy Commissioners against th e available vacancies. Similarly, in the counter affidavit filed by the Respondent No.5 i.e. Sub-Divis ional Officer (Sadar), Dhubri, it has been stated thus :- 4. That with regard to the statements made in paragraphs 12, 13, 15, 16, 17 , 18, 20, 22, 25 and 27 of the petition the deponent respectfully states that on receipt of instruction from Revenue & DM department vide Memo No.RSS/2008/4A da ted 125.9.08, letter No.ARSS 748/21008/7 dated 19.9.08 and W.T. message No.RSS76 3/2008/42 dated 20.10.08 regarding filling up of vacant post under DC’s establis hment through absorption of Settlement Staff on closure of Resettlement Operati on in December,2008 a detailed report was submitted to Government, in parent dep artment viz. General Administration (B) Department vide letter No.DPE.13/2004/23 3 DATED 27.10.08 seeking instruction as to filling up of 5(five) posts of Junior Assistants and 24 (twenty four) posts of Grade-IV approved by Government in GA( B)Department vide No. GAG (B) 174/2006/144 dated 19.4.08 for the year 2007-08. I t is submitted that steps were already taken for filling up the said posts which were duly processed. In the meantime the written test was held already for the posts of Junior Assistant on 14.9.08 and evaluations of answer scripts was also completed. But the process was kept in abeyance in view of instruction from Reve nue & DM Department and the whole issue was referred to parent department viz. G eneral Administration Department as stated above seeking instruction. The said p rocess was restarted on receipt of clearance from parent department to go ahead with the process of recruitment for the Grade III & IV posts for which Governm ent has already accorded approval for filling up vide letter No.GAG(B)174/2006/ 156 dated 3.1.09 and the said recruitment process has since been completed with appointment of the selected candidates in February, 2009. Copies of Government Memo No.RSS 748/2008.4A dated 15.9.08, letter No.RSS 748/20 08/7 dated 19.9.08 and W.T. Message No.RSS 763/2008/42 DATED 20.1.09.08 (All fro m Revenue & DM Department), this office letter No.DPE 13/2004/233 dated 27.10.08 , Government letter No.GAG(B) 174/2006/144 dated 19.4.08, this office Memo No.DP E 21/2008/17-19(A) dated 25.6.08 and Government letter No.GAG(B) 174/2006/156 da ted 3.1.09 are enclosed herewith and marked as Annexure-A to G respectively. It is in the above context, Ms R. Chakraborty, learned State counsel was request ed to obtain instructions by orders dated 11.1.2011 and 31.1.2011. However, noth ing has been submitted by her. In view of the above, this writ petition is disposed of directing the re spondents to consider the case of the petitioners in terms of the stand taken in the counter affidavits indicated above.