MC 180/2009 BEFORE HON’BLE MR. JUSTICE RANJAN GOGOI Heard Mrs SP Hussain, learned counsel for the applicants and Mr BJ Ghosh , learned Govt. Advocate, Assam. These Misc. applications have been filed seeking a restraint order from the Court in so far as filling up of the posts of Supervisor, Statistical Assist ant, LDA-cum-Typist and the Grade-IV posts pursuant to a notice dated 17.1.2009 is concerned. The applicants are the petitioners in the writ petitions out of wh ich these Misc. applications have arisen. The challenge in the writ petitions fi led is in respect of the selection process undertaken in the year 2005 for filli ng up of similar posts in the different categories noted above. According to the applicants/ writ petitioners the posts proposed to be filled up by the notice d ated 17.1.2009 were the subject matter of the earlier selection and, therefore, to prevent any prejudice to the applicants/ writ petitioners and also to ensure that the writ petitions do not become infructuous, the recruitments proposed by the notice dated 17.1.2009 should be stayed. The above being the grievance of the writ petitioners, the Court by its earlier orders passed had required the Director of Social Welfare to inform the Court as to whether the posts proposed to be filled up by the notice dated 17.1.2009 are the same or include those posts which are the subject matter of the writ petiti ons. The Director of Social Welfare having responded to the aforesaid query by g iving a negative answer was required to file an affidavit before the Court. Acco rdingly, the affidavit has been filed by the Director of Social Welfare on 20.2. 2009 wherein in para 4 it has been stated that the posts for which the selection is to be held and as notified on 17.1.2009 were not even borne on the date on w hich Writ Petition (C) No. 5434/2006 was filed and pending for disposal. Vehement objections having been raised by the learned counsel for the applicants , the Court by its order dated 27.2.2009 required the Director of Social Welfare to place before the Court full details of the number of posts in each category which were the subject matter of the earlier selection process; the number of po sts filled up and also the number of posts proposed to be filled up by the impug ned notice dated 17.1.2009. Pursuant to the said order of the Court, the Directo r of Social Welfare has submitted full details of the posts which were the subje ct matter of the earlier selection process as well as the number of posts in eac h category which have been filled up. In the said report of the Director, it has been further mentioned that the posts proposed to be filled up by the notice da ted 17.1.2009 were sanctioned by the Government on 6.8.2007 and 10.8.2007 i.e. w ell after institution of the writ proceedings in which these Misc. applications have been filed. The above facts leave the Court satisfied that the posts in ea ch of the categories which are proposed to be filled up by the notice dated 17.1 .2009 were not covered by the earlier selection process held in the year 2005. C onsequently, there will be no justification for the Court to impose any restrain t on the respondents in proceeding with the notice dated 17.1.2009 and to fill u p the posts as stated in the report of the Director of Social Welfare. Consequently, all these Misc. cases are dismissed. The report of the Director of Social Welfare, as placed before the Court, be kep t on record.