WA 421/2008 BEFORE HON’BLE THE CHIEF JUSTICE MR MADAN B LOKUR THE HON’BLE MR JUSTICE BP KATAKEY The appellant is aggrieved by an order dated 18th June, 2008 passed by the learn ed Single Judge in WP(C) No. 5611/2004. The appellant was appointed as a peon in the establishment of the Sub Divisional Judicial Magistrate, Bijni, Assam. The appointment of the appellant as Attached Peon was co-terminus with the appointment of Mr. LC Nath, Sub Divisional Judici al Magistrate. When Mr. LC Nath was placed under suspension, the services of the appellant were terminated by an order dated 10.10.2001. Subsequently, however, the appellant was again appointed as Attached Peon with M r. S Dey, Sub Divisional Judicial Magistrate with effect from 10.10.2001. After the transfer of Mr. S Dey from his assignment, the services of the appellant wer e dispensed with. Feeling aggrieved, the appellant preferred a writ petition which came to be dism issed by the order under appeal. According to the learned Single Judge, because the appointment of the appellant was co-terminus with the appointment of Mr. LC Nath and then Mr. Dey, the appell ant has no right to continue as an Attached Peon. In this appeal filed by the appellant on 28th September 2008, an application for interim relief was also filed but that was not granted. Consequently by an orde r dated 30th September, 2008 the appellant actually became out of service. It is submitted by learned counsel for the appellant that his client should be a llowed to continue notwithstanding the fact that his appointment was co-terminus with the appointment of Mr. LC Nath/Mr. S dey. The issue raised in the present appeal is fully covered by a decision of the Div ision Bench of this Court in WP(C) No. 5003/2002 which was heard along with a fe w other cases. All of them were decided by a common order dated 9th April, 2010. The Division Bench had considered the entire issue including the humanitarian as pect and passed the following orders: - A That the respondent authorities shall take up immediate necessary steps for r ecruitment and appointment of the attached peons’ in the District and Sub-Divisional Judicial establishments by holding reg ular process of recruitment. B. Until such recruitment process is carried out in accordance with the relevant recruitment rules, the petitioners, who are still in service, shall not be terminated or dismissed from services, arbitrarily without resorting to due process of law. C. It is made clear that while undertaking the process of recruitment of attached peons, the petitioners who are still working, and the petitioners who have been terminated from service, shall be given due weight-age for their past service and experiences, and their overages shall also be condoned to enable the m to participate in the selection process. We do not find any ground to differ with the order and direction passed by the Division Bench. Since the appellant is no longer in service he cannot be reinstated as prayed fo r by learned counsel for the appellant. But in future while making recruitments, due weight-age will be given to his past service and experience as directed by the Division Bench in the aforesaid judgment. No further order is required to be passed in the matter. The writ appeal along with the Misc. case are accordingly disposed of.