WP(C) 3514/2008 BEFORE THE HON’BLE MR. JUSTICE B D AGARWAL This application has been filed by the writ petitioner, namely, Dr Dipak Chanchal Borbora, praying for restoring WP(C) No. 3514 of 2008 to file as the same was dismissed of default on 27.01.2012. Heard Sri B K Sarma, learned counsel for the application/ petiti oner as well as Smt P Gogoi, learned counsel for the ESIC. Smt A Saikia, learned counsel has appeared on behalf of the APSC and Sri M Chanda, learned counsel ap peared on behalf of the private respondent. After going through the order dated 27.01.2012, it appears to me that the case was not dismissed for default simpliciter. In the aforesaid order , it was also observed that the recommendation of the name of the petitioner for his absorption in the ESIC was considered and rejected by the ESIC and despite that the writ petition was not amended. Today, Smt P Gogoi, learned counsel for the ESIC produced anothe r document dated 24.01.2012, submitted by the writ petitioner to the aforesaid a uthority to consider his absorption in the rank of GMDO. On the basis of this le tter, the learned counsel submitted that the prayer of the writ petitioner in WP (C) No. 3514 of 2008 has become infructuous. Considering all these aspects, I am not inclined to restore the writ petition. Hence, the Misc Case stands disposed of.