WP(C) 881/2009 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA Heard Mr. Choudhury, learned counsel for the petitioner as well as Ms. R . Chokraborty, learned Addl. Sr. Govt. Advocate. The petitioner who was earlier engaged as ATPSF personnel, is aggrieved by non-consideration of his case for absorption in the newly created Assam Indus trial Security Force (AISF). From the records, it appears that the earlier ATPSF has been abolished and reconstructed to two Battalions known as 1st and 2nd AIS F. For absorption of ATPSF as selection was conducted by newly constituted Boar d. As per the statement made in the writ petition, the petitioner appeared in t he selection held on 08.05.08, but due to illness could not participate in the p hysical test. It is the further case of the petitioner that it was his expectati on that as was done in case of similarly situated persons, he would also be in vited for further physical test. But no such physical test was conducted. In thi s connection, the petitioner has referred to Annexure-E letter dated 14.05.08 by which a direction was issued for appearance of the persons named in the letter for physical/medical test and interview as they did not appear in the earlier ph ysical/medical test and interview. In the counter affidavit the stand of the respondents is that although the petitioner had appeared before the selection Board on 08.05.08, but he remai ned absent in the physical test and also from duty and till filing of the affida vit, he was not attending his duties. While Mr. Choudhury, learned counsel for the petitioner submits that the petitioner may be allowed to appear in the physical test, Ms. R. Chokraborty, learned Addl. Sr. Govt. Advocate submits that if the petitioner is remaining abs ent from duty in the unit, there is no question of permitting him to appear in t he physical test at this stage so as to regularise his absence from duty. From the materials on record, it appears that the petitioner made Annexu re-F representation dated 29.01.09 agitating his grievance. However, such repres entation was made to the Parliamentary Secretary, Home Department. Considering the matter in its entirety, the writ petition is disposed of providing that the petitioner within 15 days from today may approach the respon dent No. 2 by appropriate representation making it known that he is now ready t o appear in the physical test. In the event of making such a representation, the respondent No. 2 may consider and dispose of the same in accordance with law as expeditiously as possible preferably within two months from the date of submis sion of the representation. Whatever may be the consequence of consideration of the representation to be submitted by the petitioner, same shall be communicated to him. The writ petition is disposed of.