WP(C) 2600/2009 BEFORE HON’BLE MR. JUSTICE H.N. SARMA Heard Mr. BD Goswami, learned counsel for the petitioners and Mr. M.Dutt a, learned Standing Counsel, Education Department, Assam. The challenge made in this petition is the order dated 11/6/09 passed by the Sec retary to the Govt. of Assam, Education(Elementary) Department whereby and where under the Director of Elementary Education, Assam was directed to pay stipend of the petitioners and to pass appropriate orders to discontinue their services fo rthwith. The said order was passed in terms of the decision of this Court rende red in WP'No.6331/03 and WP'No.8397/04. The Judgment and Order dated 15/5/09 pas sed in the aforesaid writ petitions has been annexed as Annexure-16 to this peti tion. In fact in the earlier writ petitions, the entire matter has been discussed to a ll pros and cons and after a threadbare discussion, the court arrive at a findin g and pursuant to which the impugned order has been passed. Learned counsel for the petitioners submits that there was a Cabinet decision by which the petitioners’ services were regularized as a matter of policy decision by earlier legislators in its meeting held on 12/2/2004. But the said decision of the Cabinet was not placed before the Court at the time of hearing of the afo resaid writ petitions as they were not aware of the same. If the same is to be accepted, even in that event also no fresh cause of action for filing this writ petition arises but it may entitle the petitioners to file a review of the earlier order but of course subject to the other limitation of f iling a review. At this stage, Mr. Goswami, learned counsel for the petitioners submits that he wants to withdraw this petition with a liberty to file a review petition. Prayer stands granted. The petitioners are allowed to withdraw this petition and to file review which is the right of the petitioners. This writ petition stands dismissed on withdrawal.